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STATE v. BROOKS

No. 94-2484.

662 So.2d 440 (1995)

STATE of Florida, Appellant, v. Brandon Ferrell BROOKS, Eubia Undre Walker, Appellees.

District Court of Appeal of Florida, Fifth District.

November 9, 1995.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Kellie A. Nielan and Rebecca Roark Wall, Assistant Attorney Generals, Daytona Beach, for Appellant.

James E. Taylor, Jr., Orlando, for Appellee Brooks.

James B. Gibson, Public Defender, and Sean K. Ahmed, Assistant Public Defender, Daytona Beach, for Appellee Walker.

PER CURIAM.

AFFIRMED.

HARRIS and ANTOON, JJ., concur.

W. SHARP, J., dissents, with opinion.

W. SHARP, Judge, dissenting.

I dissent in this suppression of evidence case, because in my view the record failed to establish any basis to conclude that Brooks (the driver) and Walker (the passenger), defendants in this case, were unlawfully detained following a valid traffic stop. While Brooks and Walker were being detained, waiting for the...

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