ANDERSON v. STATE

No. 86-3147.

532 So.2d 4 (1988)

Marshall ANDERSON, Willie Douglas, and Leo Loston, Appellants, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

On Motion for Rehearing September 2, 1988.


Attorney(s) appearing for the Case

R.E. Fernandez of Fernandez & Muller, Tampa, for appellants.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Gary O. Welch, Asst. Atty. Gen., Tampa, for appellee.


SCHEB, Acting Chief Judge.

In this appeal we address the issue of whether law enforcement officers had probable cause to search a vehicle stopped for a speeding violation when one of the officers observed through the window a short cut straw of a type often used in drug activity. We hold there was no probable cause to search the car based on that observation alone.

The state charged Willie Douglas, Marshall Anderson, and Leo Loston with trafficking in cocaine...

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