STATE v. DELANEY

No. 87-663.

517 So.2d 696 (1987)

STATE of Florida, Appellant, v. Carolyn M. DELANEY, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied December 22, 1987.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Erica M. Raffel, Asst. Atty. Gen., Tampa, for appellant.

James Marion Moorman, Public Defender, and Stephen Krosschell, Asst. Public Defender, Bartow, for appellee.


LEHAN, Judge.

We affirm the trial court's suppression of evidence seized upon an unlawful stop of the car in which defendant was a passenger.

The car was parked during daylight hours in a parking lot of a bar in an area where narcotics were known to be distributed. The arresting officer had seen no more activity involving the car than that a man approached, leaned into, and walked away from the car. Thus, the stop was based upon no more than a bare suspicion...

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