PEREZ v. STATE

No. 71-191.

267 So.2d 33 (1972)

Pedro Antonio PEREZ, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Second District.

Rehearing Denied October 17, 1972.


Attorney(s) appearing for the Case

W. DeHart Ayala, Jr., of Few & Ayala, Tampa, for petitioner.

Joseph G. Spicola, Jr., State Atty., and T. Michael Foster, Asst. State Atty., Tampa, for respondent.


MANN, Judge.

At least six Tampa police officers waited outside Perez' home one night until the lights went out and then, nearly midnight, went to his door, knocked on it and placed him under arrest for receiving stolen property. The question we must determine is whether an officer who has known for two or three days of the circumstances on which he intends to arrest a citizen, but who fails to get an arrest or search warrant, was lawfully in that citizen's home when...

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