Smith v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the police unlawfully arrested the defendant for trespassing because he did not commit the crime in the officers’ presence
• holding that a convenience store was not posted because the sign was attached to -the building rather than the lot’s boundaries
• holding that convenience store was not \posted land\ as defined by statute because \no trespassing\ sign was attached to building rather than being posted along the lot's boundaries
• reversing where no evidence that anyone, owner or police, had previously warned appellant not to trespass and no evidence “no trespassing” signs complied with statute
• “A law enforcement officer may not make a warrantless arrest for a misdemeanor, such as this trespass, unless every element of the crime is committed in his presence.”
• where although the public had an invitation to shop a privately owned convenience store because it was quasi public property, the owner could still limit or revoke the invitation to come on his land

Source: CourtListener parenthetical corpus (CC0).

Cited by

13 cases in this archive cite this case.

• Catron v. City of St. Petersburg
  Eleventh Circuit· 2011-09-28· cited 79×
• J.P. v. State
  District Court of Appeal of Florida· 2003-10-15· cited 52×
• D.T. v. State
  District Court of Appeal of Florida· 2012-05-28· cited 12×
• Battiste v. Lamberti
  S.D. Florida· 2008-08-11· cited 8×
• Baker v. State
  District Court of Appeal of Florida· 2002-04-17· cited 8×
• FEH, JR. v. State
  District Court of Appeal of Florida· 2010-02-24· cited 7×
• Powell v. State
  District Court of Appeal of Florida· 2007-05-30· cited 3×
• K.M.B. v. State
  District Court of Appeal of Florida· 2011-08-10· cited 2×
• State v. Marcopolos
  Court of Appeals of North Carolina· 2002-12-17
• JP v. State
  District Court of Appeal of Florida· 2003-10-15
• KMB v. State
  District Court of Appeal of Florida· 2011-08-10
• C.B.S., A Child v. State of Florida
  District Court of Appeal of Florida· 2016-02-04
• LU JING v. STATE OF FLORIDA
  District Court of Appeal of Florida· 2021-04-28

Cites

9 cases in this archive are cited by this case.

• Wong Sun v. United States
  Supreme Court· 1963-01-14· cited 12,871×
• Downer v. State
  Supreme Court of Florida· 1979-09-20· cited 42×
• Corn v. State
  Supreme Court of Florida· 1976-03-19· cited 34×
• R.C.W. v. State
  District Court of Appeal of Florida· 1987-05-14· cited 18×
• State v. In the Interest of M.A.D.
  District Court of Appeal of Florida· 1998-11-25· cited 9×
• Carter v. State
  District Court of Appeal of Florida· 1987-12-08· cited 7×
• A.L. v. State
  District Court of Appeal of Florida· 1996-06-26· cited 7×
• Melton v. State
  District Court of Appeal of Florida· 1989-07-07· cited 6×
• Cohen v. Katsaris
  N.D. Florida· 1982-01-07· cited 5×