COLE v. STATE

No. 98-02281.

727 So.2d 280 (1999)

Nathaniel COLE, III, a/k/a Anthony Cole, a/k/a Ricky Cole, a/k/a Nate, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 10, 1999.


Attorney(s) appearing for the Case

Mark Wolfe, Tampa, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Susan D. Dunlevy, Assistant Attorney General, Tampa, for Appellee.


BLUE, Judge.

Nathaniel Cole, III, appeals his convictions for possession of cocaine, possession of drug paraphernalia, and obstructing or opposing an officer without violence. He argues that the trial court erred in denying his motion to suppress. We agree with his argument that the officer exceeded the scope of a weapons patdown. Accordingly, we reverse.

At approximately 2:00 a.m., long after the filling station had closed, Officer DiMarco saw Cole "loitering...

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