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STATE v. NUROCK

No. 96-0083.

680 So.2d 629 (1996)

STATE of Florida, Appellant, v. Debra NUROCK, Appellee.

District Court of Appeal of Florida, Fourth District.

October 16, 1996.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and William A. Spillias, Assistant Attorney General, West Palm Beach, for appellant.

Lawrence J. Kerr of Geiger, Kasdin, Heller, Kuperstein, Chames & Weil, P.A., Miami, for appellee.

WARNER, Judge.

The trial court granted a motion to suppress physical evidence found in plain view during a traffic stop, finding that the stop was pretextual, relying on the standard set forth in State v. Daniel, 665 So.2d 1040 (Fla. 1995). Daniel held that the standard to be used in determining whether a stop was pretextual was whether the officer "would have" made the stop absent the desire to investigate other crimes...

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