STATE v. MACIEJEWSKI

No. 81-1627.

409 So.2d 180 (1982)

STATE of Florida, Appellant, v. Carl MACIEJEWSKI, Appellee.

District Court of Appeal of Florida, Second District.

January 29, 1982.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Deborah A. Osmond, Asst. Atty. Gen., Tampa, for appellant.

Robert M. Focht, New Port Richey, for appellee.


BOARDMAN, Judge.

The state appeals an order suppressing a pistol which the trial court found to be the fruit of a stop not based upon a founded suspicion. The state argues that the unrefuted testimony of the deputy who made the stop does not support the trial court's finding. We agree and reverse.

Appellee was charged with carrying a concealed weapon. He moved to suppress the evidence. At the hearing on appellee's motion, Deputy Phillips testified that while...

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