STATE v. MITCHELL

No. 98-2059.

722 So.2d 907 (1998)

The STATE of Florida, Appellant, v. Andrew MITCHELL, Appellee.

District Court of Appeal of Florida, Third District.

December 2, 1998.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General and Christine E. Zahralban, Assistant Attorney General, for appellant.

Bennett H. Brummer, Public Defender and Lisa Walsh, Assistant Public Defender, for appellee.

Before SCHWARTZ, C.J., and SHEVIN and SORONDO, JJ.


SCHWARTZ, Chief Judge.

The state appeals from an order suppressing Mitchell's confession to the theft (from the open bed of a pick-up truck) of three shovels a police officer saw him carrying in downtown Miami. The lower court ruled that the investigatory stop which produced the statement was constitutionally unjustified. We completely disagree and reverse.

The state's brief succinctly and accurately characterizes the evidence below as follows:

Officer...

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