STEVENSON v. STATE

No. 89-02244.

565 So.2d 858 (1990)

Kenneth STEVENSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

August 10, 1990.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Megan Olson, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Elaine L. Thompson, Asst. Atty. Gen., Tampa, for appellee.


LEHAN, Judge.

We reverse the trial court's denial of defendant's motion to suppress cocaine found by a police officer during a patdown of the defendant.

The patdown was conducted following a stop of defendant by the arresting officer, not, as the trial court found, during a mere consensual encounter, because, as the officer testified, defendant was not free to leave. See Florida v. Royer, 460 U.S. 491, 103 S.Ct. 1319...

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