STATE v. GOLDMAN

No. 85-1857.

494 So.2d 239 (1986)

The STATE of Florida, Appellant, v. Glenn GOLDMAN, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied October 13, 1986.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen. and Steven T. Scott, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender, and Bruce A. Rosenthal, Asst. Public Defender, for appellee.

Before SCHWARTZ, C.J., and DANIEL S. PEARSON and JORGENSON, JJ.


PER CURIAM.

The order granting the defendant's motion to suppress is reversed in all respects because it is bottomed on a factual finding unsupported by the evidence, namely, that the defendant was detained by the officer who eventually arrested him before the officer confirmed that a burglary had actually been committed. The record indisputably reveals that the initial encounter between the officer and the defendant was not a stop or detention and thus did not implicate...

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