Hawxhurst v. State

Peter Hawxhurst entered a plea of nolo contendere to the charge of possession of cocaine, expressly reserving the right to appeal the dispositive order of the trial court denying his motion to suppress. 1 We hold that there was no error in the trial court’s denial of the motion to suppress, as there was probable cause to arrest Hawxhurst for the crime of criminal mischief.

Generally, a police officer may make a warrantless misdemeanor arrest only if it is committed in the presence of the officer. See § 901.15(1), Fla. Stat. (2014). However, there are a number of statutory exceptions, one of…