STATE v. OTHEN

No. 74-648.

300 So.2d 732 (1974)

STATE of Florida, Petitioner, v. George Thomas OTHEN, Respondent.

District Court of Appeal of Florida, Second District.

September 20, 1974.


Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Tallahassee, and Robert J. Landry, Asst. Atty. Gen., Tampa, for petitioner.

Joseph F. McDermott, Law Offices of McDermott & Ohle, St. Petersburg, for respondent.


MANN, Chief Judge.

An order of the Circuit Court affirmed a decision of the County Court of Pinellas County suppressing evidence obtained as a consequence of a search "consented to" after the van which Othen was driving was stopped. The trial court did not reach the question whether Othen's consent to the search was validly given. In the opinion of the county judge, the officer who stopped the vehicle lacked "probable cause" to do so. We quash the order affirming...

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