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STATE v. MONTANO

No. 87-3072.

527 So.2d 916 (1988)

The STATE of Florida, Appellant, v. Jose C. MONTANO, Appellee.

District Court of Appeal of Florida, Third District.

June 28, 1988.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen. and Charles M. Fahlbusch, Asst. Atty. Gen., for appellant.

Weiner, Robbins, Tunkey & Ross and Benjamin S. Waxman and Robert G. Amsel, Miami, for appellee.

Before SCHWARTZ, C.J., and NESBITT and FERGUSON, JJ.

SCHWARTZ, Chief Judge.

The defendant-appellee Montano was a passenger in a car which, the prosecution stipulated below, was unlawfully, pretextually stopped by the police. See Kehoe v. State, 521 So.2d 1094 (Fla. 1988). In the ensuing search of the vehicle, the police discovered cocaine which Montano successfully moved to suppress. The state argued below and reiterates here only the contention that, although the stop and...

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