DIGGS v. STATE

No. 76-467.

345 So.2d 815 (1977)

Eddie DIGGS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied June 2, 1977.


Attorney(s) appearing for the Case

Jack O. Johnson, Public Defender, Bartow, and Stephen O. Rushing, and Ellen Condon, Asst. Public Defenders, Tampa, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and C. Marie King, Asst. Atty. Gen., Tampa, for appellee.


OTT, Judge.

Appellant appeals the denial of his motion to suppress illegally seized evidence. The lower court found the search to be a proper incident to a lawful arrest. We disagree and therefore reverse.

Officer Pierce observed the appellant driving an automobile in a normal and lawful manner on a public street. The officer decided to stop appellant and ask to see his driver's license. The officer testified that he had reason to believe appellant did not...

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