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HOWELL v. STATE

No. 96-03392

725 So.2d 429 (1999)

Brad W. HOWELL, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 3, 1999.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Frank D.L. Winstead, Assistant Public Defender, Clearwater, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Stephen D. Ake, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

Brad W. Howell, Jr. pleaded no contest to carrying a concealed firearm and possession of marijuana, specifically reserving the right to appeal the denial of his dispositive motion to suppress evidence. We reverse because we conclude that the State failed to satisfy its burden of proving that the contraband was obtained through a lawful seizure.

At approximately 3:00 a.m., Deputy Salanto observed a car traveling in excess of the speed limit. Salanto...

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