STATE v. BROWN

No. 92-03920.

619 So.2d 378 (1993)

STATE of Florida, Appellant, v. Lawrence S. BROWN, Appellee.

District Court of Appeal of Florida, Second District.

May 26, 1993.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee and Ron Napolitano, Asst. Atty. Gen., Tampa, for appellant.

James Marion Moorman, Public Defender and Megan Olson, Asst. Public Defender, Bartow, for appellee.


HALL, Acting Chief Judge.

The state contends the trial court erred in granting the appellee's motion to suppress because the appellee consented to the search in question. We agree and reverse.

As the trial court found, there was a valid stop for a tag violation, which was not contested by the appellee. The trial court then, without considering the appellee's consent to the search, granted the motion to suppress based on the lack of danger to the officer which...

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