JIMENEZ v. STATE

No. 93-02179.

643 So.2d 70 (1994)

Ray JIMENEZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

September 30, 1994.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Robert D. Rosen, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., and Erica M. Raffel, Asst. Atty. Gen., Tampa, for appellee.


FULMER, Judge.

The defendant appeals the denial of his motion to suppress cocaine found in a cigarette pack during a pat-down search by an off-duty police officer at the entrance to a dance. We reverse because, although the defendant initially consented to the pat-down search, he withdrew that consent before the officer opened the cigarette pack.

On December 20, 1992, Officer Daisey was working at the National Guard Armory where a dance was being held. He...

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