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United States v. Everett

United States Court of Appeals, Eleventh Circuit
Feb 21, 1984
719 F.2d 1119 (11th Cir. 1984)

Summary

holding that evidence of intent was not required for probable cause to arrest for passing or possessing counterfeit money

Summary of this case from Davis v. City of Apopka

Opinion

No. 82-3098. Non-Argument Calendar.

November 17, 1983. Certiorari Denied February 21, 1984.

Archibald Thomas, Federal Public Defender, Jacksonville, Fla., for defendant-appellant.

Ernest Mueller, Asst. U.S. Atty., Jacksonville, Fla., for plaintiff-appellee.

Appeal from the United States District Court for the Middle District of Florida.

Before HILL, JOHNSON and HENDERSON, Circuit Judges.


Defendant Donald Everett appeals from judgments of conviction on four counts of conspiracy to pass counterfeit currency, passing counterfeit currency, possessing counterfeit currency, and concealing counterfeit currency. The sole issue presented on appeal is whether the district court erred in finding that Everett was arrested on probable cause.

The facts show that appellant and another individual, who were seated at the same table in a lounge, each passed $50.00 bills which were identified by a deputy sheriff to be counterfeit. Appellant argues that the arresting officers must have some additional evidence of intent in connection with the passing of the counterfeit money before they can make an arrest. While intent is an element of the crime which must be proved at trial, it is not necessary in order to establish probable cause to arrest. The passing of a counterfeit note coupled with an identification of the person who passed the note furnishes probable cause to arrest the individual identified as passing the note. United States v. Savage, 564 F.2d 728, 733 (5th Cir. 1977); United States v. Maryland, 479 F.2d 566, 569 (5th Cir. 1973); accord United States v. Blum, 432 F.2d 250, 251-53 (9th Cir. 1970); United States v. Ayers, 426 F.2d 524, 529-30 (2d Cir.), cert. denied, 400 U.S. 842, 91 S.Ct. 85, 27 L.Ed.2d 78 (1970); Dailey v. United States, 365 F.2d 640, 641 (10th Cir. 1966); United States v. Masini, 358 F.2d 100, 102 (6th Cir. 1966); United States v. Smith, 357 F.2d 318, 320 (6th Cir. 1966).

Accordingly, we

AFFIRM.


Summaries of

United States v. Everett

United States Court of Appeals, Eleventh Circuit
Feb 21, 1984
719 F.2d 1119 (11th Cir. 1984)

holding that evidence of intent was not required for probable cause to arrest for passing or possessing counterfeit money

Summary of this case from Davis v. City of Apopka

concluding that officers had probable cause to arrest criminal defendants even absent evidence of intent

Summary of this case from Benoit v. City of Lake City

concluding that officers had probable cause to arrest criminal defendants even absent evidence of intent

Summary of this case from Cohen v. McGuire

affirming finding of probable cause despite lack of evidence of criminal intent

Summary of this case from Dahl v. Holley

In Everett, 719 F.2d at 1120, the Eleventh Circuit held that, "[t]he passing of a counterfeit note coupled with an identification of the person who passed the note furnishes probable cause to arrest the individual identified as passing the note."

Summary of this case from Rodis v. City and County

passing or possessing counterfeit money

Summary of this case from Jordan v. Mosley

In United States v. Everett, 719 F.2d 1119, 1120 (11th Cir.1983), the court said, "While intent is an element of the crime [of passing counterfeit currency], it is not necessary in order to establish probable cause to arrest.

Summary of this case from Brimage-Nesmith v. Bay Credit Union

passing or possessing counterfeit money

Summary of this case from Stewart v. City of Montgomery

In United States v. Everett, 719 F.2d 1119, 1120 (11th Cir.1983), the court said, "While intent is an element of the crime [of passing counterfeit currency], it is not necessary in order to establish probable cause to arrest.

Summary of this case from Hanson v. Greenfield
Case details for

United States v. Everett

Case Details

Full title:UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE, v. DONALD EVERETT…

Court:United States Court of Appeals, Eleventh Circuit

Date published: Feb 21, 1984

Citations

719 F.2d 1119 (11th Cir. 1984)

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