STATE v. MARZANO

No. 82-653.

418 So.2d 1159 (1982)

STATE of Florida, Appellant, v. Richard John MARZANO and Richard Michael Leclaire, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied September 22, 1982.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Stewart J. Bellus, Asst. Atty. Gen., West Palm Beach, for appellant.

John S. Berk, Fort Lauderdale, for appellees.


PER CURIAM.

The state appeals an order suppressing physical evidence. We conclude that the trial court misapprehended the appropriate rule of law and, consequently, we reverse.

This case involves the suppression of contraband found aboard a boat. Initially, the trial court ruled that the stop of the vessel was justified because the officers had an articulable suspicion of criminal activity. Subsequently, however, the court reversed its decision and suppressed...

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