STATE v. BARRIO

Nos. 92-01637, 92-01638 and 92-01621.

619 So.2d 389 (1993)

STATE of Florida, Appellant, v. Lazaro BARRIO, Raul Sanchez, and Antonio Rodriguez, Appellees.

District Court of Appeal of Florida, First District.

May 28, 1993.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Laura Rush, Asst. Atty. Gen., Dept. of Legal Affairs, Tallahassee, for appellant.

Daniel J. Fernandez of Fernandez & Benito, P.A., Tampa, for appellees.


PER CURIAM.

This cause is before us from an order granting a motion to suppress physical evidence. The trial court found, and appellees argue on appeal, that the stop for driving at a speed eight miles per hour over the posted limit was pretextual because Officer Lee had a drug dog with him; the officer had only issued a few tickets in previous months; and the officer conceded that his purpose in being on I-75 at 10:00 p.m. with a drug-sniffing dog in his car was...

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