LOWER v. STATE

No. 76-1565.

348 So.2d 410 (1977)

Richard Ray LOWER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

July 27, 1977.


Attorney(s) appearing for the Case

Jack O. Johnson, Public Defender, and Jeffrey A. Miller, Asst. Public Defender, Bartow, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee.


BOARDMAN, Chief Judge.

Appellant/defendant, Richard Ray Lower, challenges the validity of the stop of an automobile in which he was a passenger. The stop resulted in a warrantless search and his arrest for possession of more than five grams of marijuana, a controlled substance. We hold that there was insufficient basis for a founded or reasonable suspicion which would justify the stop. It was, therefore, invalid and we reverse.

At approximately 12:52 a.m....

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