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Reagan v. State

District Court of Appeal of Florida, First District
Nov 29, 1995
667 So. 2d 378 (Fla. Dist. Ct. App. 1995)

Opinion

No. 95-105.

November 29, 1995.

An appeal from the Circuit Court for Bay County; Don T. Sirmons, Judge.

Nancy A. Daniels, Public Defender; P. Douglas Brinkmeyer, Assistant Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Attorney General; William J. Bakstran, Assistant Attorney General, Tallahassee, for appellee.


We reverse the trial court's denial of the motion to suppress. The trial court found that the initial stop was illegal, and we find that there were no legally sufficient intervening circumstances which would result in the ultimate search not being considered fruits of the poisonous tree. See Libby v. State, 561 So.2d 1253 (Fla. 2d DCA 1990); Kimbrough v. State, 539 So.2d 619 (Fla. 4th DCA 1989); and Rozier v. State, 368 So.2d 379 (Fla. 3d DCA 1979). The judgment below is reversed, and the case remanded with directions to grant the motion to suppress.

WOLF, LAWRENCE and BENTON, JJ., concur.


Summaries of

Reagan v. State

District Court of Appeal of Florida, First District
Nov 29, 1995
667 So. 2d 378 (Fla. Dist. Ct. App. 1995)
Case details for

Reagan v. State

Case Details

Full title:RANDALL J. REAGAN, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Nov 29, 1995

Citations

667 So. 2d 378 (Fla. Dist. Ct. App. 1995)

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