STATE v. RIZZO

No. 80-1604.

396 So.2d 842 (1981)

STATE of Florida, Appellant, v. Russell A. RIZZO, Appellee.

District Court of Appeal of Florida, Second District.

April 10, 1981.


Attorney(s) appearing for the Case

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

Jack O. Johnson, Public Defender, and P. Douglas Brinkmeyer, Asst. Public Defender, Bartow, for appellee.


BOARDMAN, Judge.

The state appeals the trial court's order granting appellee's motion to suppress evidence. The order was predicated on a finding that the initial stop of appellee's vehicle was unjustified.

The only witness who testified at the hearing, Officer Hauck, testified that he was sent to the Coats' residence on Shore Drive to investigate a burglary that had taken place a few days earlier. The victims told Hauck that on their way home that evening...

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