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State v. Wagner

District Court of Appeal of Florida, Third District
Jan 14, 1998
713 So. 2d 428 (Fla. Dist. Ct. App. 1998)

Opinion

No. 96-539

Opinion filed January 14, 1998. JANUARY TERM, A.D. 1998

An Appeal from an order from the Circuit Court for Monroe County, Steven P. Shea, Judge. L.T. No. 95-30165

Robert A. Butterworth, Attorney General, and Fredricka Sands, Assistant Attorney General, for appellant.

Frigola, DeVane Dorl and James J. Dorl, Marathon, for appellee.

Before LEVY, GREEN and SHEVIN, JJ.


We reverse the order granting the motion to suppress. The trial court erred in finding that the officer did not have a founded or reasonable suspicion that the vehicle occupant had committed a crime to justify stopping the vehicle. See Hunter v. State, 660 So.2d 244, 249 (Fla. 1995).

Reversed and remanded.

LEVY and SHEVIN, JJ., concur.


I agree that a reversal of the lower court's suppression order is warranted, but by virtue of the U.S. Supreme Court's decision in Alabama v. White, 496 U.S. 325 (1990), and this court's decision in State v. Gonzalez, 682 So.2d 1168 (Fla. 3d DCA 1996), review denied, 689 So.2d 1069 (Fla. 1997).


Summaries of

State v. Wagner

District Court of Appeal of Florida, Third District
Jan 14, 1998
713 So. 2d 428 (Fla. Dist. Ct. App. 1998)
Case details for

State v. Wagner

Case Details

Full title:THE STATE OF FLORIDA, Appellant, vs. ALLAN WAGNER, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Jan 14, 1998

Citations

713 So. 2d 428 (Fla. Dist. Ct. App. 1998)