D'Agostino v. State

Summary

The Supreme Court of Florida held that the police lacked probable cause for the warrantless arrest and search of D’Agostino, and therefore the trial court’s denial of the motion to suppress was erroneous. The Court quashed that denial and remanded the case for dismissal of the charge. The decision rests on the principle that a BOLO alert alone does not establish probable cause and that a search preceding an arrest violates the Fourth Amendment.