State v. Ostrow

SCHWARTZ, Chief Judge.

The county court dismissed a DUI charge because the defendant’s warrant-less arrest by a back-up officer was found unlawful. The affirmance of that dismissal by the circuit court plainly departed from the essential requirements of the law, both because(a) even an unlawful arrest does not justify outright dismissal of the underlying charge, State v. E.T., 560 So.2d 1282 (Fla. 3d DCA 1990); Darby v. State, 502 So.2d 1358 (Fla. 5th DCA 1987), review denied, 511 So.2d 298 (Fla.1987), cert. denied, 484 U.S. 897, 108 S.Ct. 231, 98 L.Ed.2d 190 (1987); Perry v. State, 478 So.2d…