State v. Carson

This is an appeal from an order granting a motion to suppress evidence on the grounds that an illegal arrest preceded the search and seizure. The arrest was made by a municipal police officer outside of his territorial jurisdiction and we find that the state has waived any claim that the arrest was proper as a citizen’s arrest. State v. Shipman, 370 So.2d 1195 (Fla. 4th DCA 1979). Nevertheless, the state contends the arrest was lawful because the municipal officer had previously been attached to the county sheriff’s office in a special capacity and was then issued an identification card…