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COPE v. STATE

No. 87-798.

523 So.2d 1270 (1988)

Ronald Earl COPE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

April 28, 1988.

Attorney(s) appearing for the Case

Jackson O. Brownlee, P.A., Tavares, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for appellee.

EN BANC

COBB, Judge.

Appellant, Ronald Earl Cope, was stopped by two police officers in Leesburg, Florida, for a minor infraction (defective truck tail light). One of the arresting officers, Cutcher, shined his flashlight into the cab of the truck after Cope exited it, ostensibly to see if there were anyone else inside. Subsequently, the second officer, Appleby, shined his light into the cab, and, according to his testimony at hearing on the defendant's motion to dismiss...

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