KEARSE v. STATE

No. 78-1392.

384 So.2d 272 (1980)

Bernard KEARSE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

June 11, 1980.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Paul M. Herman, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Russell S. Bohn, Asst. Atty. Gen., West Palm Beach, for appellee.


GLICKSTEIN, Judge.

Appellant appeals the trial court's denial of a motion to suppress as evidence the narcotic paraphernalia which he was charged with unlawfully possessing. At issue is the validity of the stop and subsequent frisk, which led to appellant's arrest. We hold that there were insufficient facts to constitute a "founded suspicion" on which to justify the stop. We reverse.

At 4:00 p.m. on January 12, 1978, two Broward County Deputy Sheriffs were...

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