Should Evidence Seized During An Erroneous Arrest Be Suppressed ?
In with Bruno v. State, 704 So. 2d 134 (Fla. 1st DCA 1997), an officer stopped the defendant, Bruno, for speeding and, upon verifying his license "over the radio," the officer was erroneously advised that the license had been suspended.
As a result, the officer arrested Bruno.
In a search incident to that arrest, the officer discovered contraband on Bruno's person.
At trial, the judge denied Bruno's motion to suppress.
The First District reversed, finding that "because the police information failed to support a legal arrest, the evidence seized as a result of the arrest should have been suppressed and the trial judge erred in denying the defense's motion for same." Id. at 135.