STATE v. HICKS

No. 81-2620.

415 So.2d 878 (1982)

STATE of Florida, Appellant, v. Ricky Darrell HICKS, Appellee.

District Court of Appeal of Florida, Second District.

June 25, 1982.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee and William E. Taylor, Asst. Atty. Gen., Tampa, for appellant.

Jerry Hill, Public Defender and L.S. Alperstein, Asst. Public Defender, Bartow, for appellee.


RYDER, Judge.

This is an appeal from an order granting appellee's motion to suppress evidence. The state argues that granting the motion was error as no search occurred. We agree and reverse.

The undisputed facts establish that while on a predrawn patrol in an area which had experienced previous disturbances, a deputy sheriff observed a vehicle parked on the side of the road with four persons sitting or standing around it. As the deputy approached the vehicle...

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