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STATE v. CARDOSA

No. 92-266.

609 So.2d 152 (1992)

STATE of Florida, Appellant, v. Fred CARDOSA, Appellee.

District Court of Appeal of Florida, Fifth District.

December 4, 1992.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and David G. Mersch, Asst. Atty. Gen., Daytona Beach, for appellant.

James B. Gibson, Public Defender, and M.A. Lucas, Asst. Public Defender, Daytona Beach, for appellee.

PER CURIAM.

The State appeals an order suppressing evidence. The issue is whether the police officer's stop of the defendant's vehicle was pretextual. The standard in such cases is an objective one1 and is not a subjective one where the court is required to accept an officer's statement of the officer's intentions and conduct. This type of case always involves a question of fact and the trier...

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