McCLURE v. STATE

No. 77-1748.

358 So.2d 1187 (1978)

David McCLURE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

May 26, 1978.


Attorney(s) appearing for the Case

Jack O. Johnson, Public Defender, and F. Linton Sloan, Jr., Sp. Asst. Public Defender, Bartow, for appellant.

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


RYDER, Judge.

Appellant contends the trial court erred in denying his motion to suppress certain evidence. We agree.

During the suppression hearing, the testimony disclosed that Police Sergeant Robert Foster was on patrol in an unmarked police unit during the early morning hours of March 1, 1977. As he drove past an apartment complex, he observed two men alight from a parked Volkswagen and walk to the apartment...

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