SMITH v. STATE

No. 90-02292.

592 So.2d 1239 (1992)

Homer C. SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 31, 1992.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Brad Permar, Asst. Public Defender, Clearwater, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Anne Y. Swing, Asst. Atty. Gen., Tampa, for appellee.


CAMPBELL, Acting Chief Judge.

Appellant was convicted of carrying a concealed weapon. On appeal, he challenges the court's denial of his motion to suppress. We find that the stop and search that resulted in the discovery of the concealed weapon was improper and reverse.

Deputy Zuniga testified that he was on patrol at 2:30 a.m. in an area known for drugs when he observed appellant and a woman, standing close together, talking in the roadway. As the officer...

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