UNDERWOOD v. STATE

No. 4D00-4160.

801 So.2d 200 (2001)

James UNDERWOOD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

December 5, 2001.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Ian Seldin, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Consuelo Maingot, Assistant Attorney General, Fort Lauderdale, for appellee.


TAYLOR, J.

Appellant James Underwood challenges the denial of his motion to suppress evidence seized after a stop for obstructing traffic under section 316.2045(1), Florida Statutes. For the reasons discussed below, we conclude that the facts do not support a finding of probable cause for the traffic stop and reverse the order denying suppression of the evidence.

On August 11, 2000, Broward Sheriffs Deputy Arthur Perry was on routine patrol traveling north...

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