SCHNICK v. STATE

No. 77-1234.

362 So.2d 423 (1978)

Karl SCHNICK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

August 30, 1978.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Harvey R. Schneider, Asst. Public Defender, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Basil S. Diamond, Asst. Atty. Gen., West Palm Beach, for appellee.


ANSTEAD, Judge.

This is an appeal challenging the legality of a search under Florida's stop and frisk statute. We reverse.

At 9:45 p.m. on January 4, 1977, two Fort Lauderdale policemen received a radio call reporting a fight in the vicinity of the Ponderosa Bar. Upon arrival at the rear parking lot of the bar, two men, one of them appellant, Karl Schnick, were seen by the officers assisting a third man in a striped shirt, who was obviously drunk and appeared...

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