(DOWNLOAD) "Chaney v. Wainwright" by United States Court of Appeals for the Fifth Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: Chaney v. Wainwright
- Author : United States Court of Appeals for the Fifth Circuit
- Release Date : January 12, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
Floyd Chaney appeals from the district court's denial of habeas relief. Chaney challenges his Florida convictions for damaging telephone equipment and for petty larceny, both misdemeanors, and for possession of burglary tools, a felony. The convictions were affirmed on direct appeal. Chaney v. Florida, 237 So.2d 281 (Fla.App.1970), cert. denied 242 So.2d 461 (Fla.S. Ct.1970), cert. denied 403 U.S. 904, 91 S. Ct. 2205, 29 L. Ed. 2d 680 (1971). In his habeas petition, Chaney alleges that he was arrested for damaging telephone equipment, a misdemeanor. Because the misdemeanor was not committed in the presence of the arresting officer, he argues that the arrest was illegal and, therefore, the evidence seized incident to the arrest should have been suppressed. The district court correctly held that, at the time of the arrest, there was probable cause to arrest Chaney for possession of burglary tools, a felony. Because probable cause for arrest for a related offense existed at the time of the arrest, the search incident to the arrest was valid even though the arresting officer did not accurately name the offense for which probable cause existed. See Mills v. Wainwright, 5 Cir. 1969, 415 F.2d 787; United States v. Bonds, 8 Cir. 1970, 422 F.2d 660; Staples v. United States, 5 Cir. 1963, 320 F.2d 817; Hagans v. United States, 5 Cir. 1963, 315 F.2d 67. Cf. Beck v. Ohio, 1964, 379 U.S. 89, 85 S. Ct. 223, 13 L. Ed. 2d 142; United States v. Wilson, 5 Cir. 1971, 451 F.2d 209; United States v. Crane, 5 Cir. 1971, 445 F.2d 509.