ADDIS v. STATE

No. 89-1228.

557 So.2d 84 (1990)

Michael Scott ADDIS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 23, 1990.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Marti Rothenberg, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Roberta G. Mandel, Asst. Atty. Gen., for appellee.

Before BASKIN, LEVY and GERSTEN, JJ.


LEVY, Judge.

The defendant appeals the denial of his motion to suppress drug paraphernalia and cocaine seized from his person after he was arrested for loitering and prowling. We reverse finding that there was insufficient probable cause to arrest the defendant for loitering and prowling and, thus, the evidence obtained as a result of the impermissible search must be suppressed.

Michael Addis, the defendant, was observed by a police officer at 2:40 a.m. walking...

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