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IN THE CIRCUIT COURT OF THE
NINETEENTH JUDICIAL CIRCUIT
IN AND FOR ST. LUCIE COUNTY,
STATE OF FLORIDA.
CHARLES RICHARD DIETER,
NELSON MARWELL WAIT,
ROLLAND JOHN HILL,
Appellants,
• vs. CASE NO. ?9-452-CA
STATE OF FLORIDA,
Appellee.
JUDGMENT ON APPEAL
These consolidated cases come before the Court on
appeal from Judgments and Sentences of the County Court of St.
Lucie County, Florida adjudging the Defendants guilty of using
firearms or other explosive devices to kill food fish in~
violation of Florida Statute 370.08(5). Although several
points are .raised on appeal, it appears that the question of
jurisdiction is dispositive of each of these cases. Briefly,
it appears that the Defendants were arrested in their boats at
least 8 miles off the East .coast of Florida by Marine Patrol
officers. The Defendants allegedly had in their possession
i
l food fish that had been "power headed" or killed by an explosive
i
~ device. The Marine Patrol officers did not approach the Defen-
i _
dants by any theory of close pursuit or hot pursuit as their
~ boats were stationary when the officers came on the scene. The
question then is squarely presented as to whether the State of
Florida through the agency of the Marine Patrol has jurisdiction
to arrest an individual who is situated and has supposedly
committed a violation of Florida Statute 370.08(5) beyond the
territorial waters of the State of Florida. Article II, Section
1 of the Florida Constitution clearly limits the territorial
'f
s
waters to the extent of three (3).miles off the coast of the
State. Unless Chapter 370 of the Florida Statute clearly
~ extends jurisdiction beyond this 3 mile limit in some fashion ~
then it is obvious that the arrest and subsequent conviction of ~
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Q~e,7ciii PAG~l.i1~
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