STATE v. BASTARDO

No. 77-94.

347 So.2d 463 (1977)

STATE of Florida, Appellant, v. Manuel BASTARDO, Jr., Appellee.

District Court of Appeal of Florida, Second District.

June 29, 1977.


Attorney(s) appearing for the Case

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

Jack O. Johnson, Public Defender, and Robert H. Grizzard, II, Bartow, for appellee.


OTT, Judge.

The State appeals an order suppressing tangible evidence which the trial court found to be the fruits of an unlawful stop. The State argues that the trial court erroneously applied the more restrictive "probable cause" standard rather than the correct "well-founded suspicion" standard. We agree and reverse for reconsideration.

While on routine night patrol, Deputy Leonard observed the appellee driving an automobile with its trunk lid open. The...

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