STATE v. SAYERS

No. 84-405.

459 So.2d 352 (1984)

The STATE of Florida, Appellant, v. Murray Herbert SAYERS and Richard M. Zzie, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 19, 1984.


Attorney(s) appearing for the Case

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

Walters, Costanzo, Russell, Zyne and Newman and David A. Russell, Mark King Leban, Miami, Ivan Tobias, Coral Gables, for appellees.

Before BARKDULL, DANIEL S. PEARSON and JORGENSON, JJ.


DANIEL S. PEARSON, Judge.

The State appeals from an order granting the defendants' separate motions to suppress. We affirm the order as to Sayers and reverse the order as to Zzie.

The trial court suppressed the evidence seized from Sayers' person because it found that, although the investigative stop of Sayers was lawful, there was no reason to believe that Sayers was armed and thus no justification for a frisk for weapons, which, not unusually, disclosed...

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