STATE v. MARTINEZ

No. 79-585.

376 So.2d 931 (1979)

STATE of Florida, Appellant, v. Richard Frank MARTINEZ a/k/a Rick Hernandez, Appellee.

District Court of Appeal of Florida, Fourth District.

November 15, 1979.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Kenneth G. Spillias, Asst. Atty. Gen., West Palm Beach, for appellant.

Joel D. Robrish of Law Offices of Robrish, Major & Logan, Miami, for appellee.


BERANEK, Judge.

This is an appeal from an order granting a motion to suppress. The trial court entered an order stating as follows:

1. THAT the police officers had a founded suspicion based upon the Defendant's conduct that the Defendant had committed a violation of the laws of the State of Florida, but their suspicion fell short of that degree which would constitute probable cause. 2. THAT absent probable...

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