STATE v. SPANIERMAN

No. 71-399.

267 So.2d 102 (1972)

STATE of Florida, Appellant, v. Stephen SPANIERMAN, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied October 25, 1972.


Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Tallahassee, Frank Schaub, State Atty., and Richard W. Seymour, Asst. State Atty., Bradenton, for appellant.

James M. McEwen, Tampa, and Robert P. Rosin, Sarasota, for appellee.


McNULTY, Judge.

The state appeals, pursuant to § 924.071, F.S. 1969, F.S.A., from an interlocutory order suppressing certain evidence. We reverse.

There is conflicting evidence herein as to whether a deputy sheriff had "probable cause to stop" a Volkswagen van, in which appellee Spanierman was a passenger, for a traffic violation. Anyhow, the van was indeed stopped and, concerning events thereafter, there is further conflict as to whether the deputy requested...

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