FL2: Search incident for being in a city park after hours unreasonable

A custodial arrest for being in a city park after closing time and a search incident was invalid. State law cautions against search incident for noncriminal violations. Nelson v. State, 2019 Fla. App. LEXIS 3159 (Fla. 2d DCA Mar. 1, 2019).

Whether to file a motion to suppress is a strategic call by defense counsel, and one would have had to be successful and have a strong likelihood of changing the outcome to be ineffective assistance. Here, the officer brought the CI to the issuing magistrate for examination on issuance of the search warrant. While the record isn’t perfectly clear the CI was, there was probable cause on the totality. People v. Wise, 2019 IL App (2d) 160611, 2019 Ill. App. LEXIS 109 (Feb. 28, 2019).*

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