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STATE v. DANIEL

No. 84486.

665 So.2d 1040 (1995)

STATE of Florida, Petitioner, v. Alan DANIEL, Respondent.

Supreme Court of Florida.

Rehearing Denied January 4, 1996.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, James W. Rogers, Senior Assistant Attorney General, and Stephen R. White, Assistant Attorney General, Tallahassee, for Petitioner.

Nancy A. Daniels, Public Defender, and Abel Gomez, Assistant Public Defender, Second Judicial Circuit, Tallahassee, for Respondent.

KOGAN, Justice.

We have for review a district court decision certifying the following question to be of great public importance:

DOES THE RULING IN KEHOE V. STATE, 521 So.2d 1094 (FLA. 1988), REQUIRE SUPPRESSION OF EVIDENCE OBTAINED AS A RESULT OF THE STOP OF A MOTOR VEHICLE FOR A MINOR TRAFFIC VIOLATION WHERE THERE IS NO EVIDENCE THAT THE STOP WAS PRETEXTUAL, BUT THE STATE FAILS TO AFFIRMATIVELY ESTABLISH BY EVIDENCE...

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