STATE v. WARSHAN

No. 90-2041.

580 So.2d 317 (1991)

The STATE of Florida, Appellant, v. Brenda Lee WARSHAN and James Ehler, Appellees.

District Court of Appeal of Florida, Third District.

May 28, 1991.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Jacqueline M. Valdespino, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender, and Louis Campbell, Asst. Public Defender, for appellees.

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


PER CURIAM.

The State appeals an order granting a motion to suppress. We reverse.

While on patrol at 5 a.m., the arresting officer, Sergeant Catala, saw defendants James Ehler and Brenda Warshan sitting in a pickup truck parked in a lot outside a closed bar. From a distance of about fifteen yards away and while Catala was driving by, he saw Ehler put his hand up to his nose, put his head down and then back. He thought Ehler was inhaling cocaine, so he turned...

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