STATE v. SPURLING

No. 79-1820.

385 So.2d 672 (1980)

STATE of Florida, Appellant, v. Scott M. SPURLING, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied July 11, 1980.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Michael J. Kotler, Asst. Atty. Gen., Tampa, for appellant.

Robert E. Jagger, Public Defender, Clearwater, and Jack D. Hoogewind, Asst. Public Defender, Dade City, for appellee.


CAMPBELL, Judge.

The state appeals the trial court's order granting defendant's motion to suppress tangible evidence. The trial court agreed with defendant's contention that because the initial stop was improper, his subsequent arrest was tainted and could not justify a search incident thereto. We find that there was sufficient basis for the deputy sheriff to stop appellant and, therefore, reverse.

The facts are undisputed, the only testimony at the hearing...

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