State v. Johnson

(dissenting) :

This opinion was initially prepared as a tentative majority opinion. Since it has failed to gain approval of a majority of the Justices, it is now submitted in its entirety as a dissent.

We have for review the opinion of the District Court below, 253 So.2d 732 (2nd D.C.A.Fla.1971), reversing respondent’s conviction on the ground that his arrest was not based upon probable cause under the circumstances. Certiorari was granted on rehearing because of conflict between the decision reviewed and Poole v. State, 247 So.2d 443 (1st D.C.A.Fla.1971), as well as Hall v. State, 219 So.2d…