STATE v. RIZO

No. 83-1454.

463 So.2d 1165 (1984)

The STATE of Florida, Appellant, v. Francisco RIZO, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 12, 1985.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and Jack B. Ludin, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender, and Thomas G. Murray, Asst. Public Defender, for appellee.

Before HENDRY, BASKIN and FERGUSON, JJ.


BASKIN, Judge.

The state appeals the trial court's order suppressing a photograph of Francisco Rizo taken at the police station and utilized in a subsequent photo line-up in which he was named by the victim as one of the persons who committed a robbery. Agreeing with the trial court that the photograph was the inadmissible product of an unlawful stop and an illegal detention, we affirm.

The relevant facts are set forth in the trial court's order:

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