STATE v. BROWN

No. 97-2502

725 So.2d 441 (1999)

STATE of Florida, Appellant, v. Joe Nathan BROWN, Appellee.

District Court of Appeal of Florida, Fifth District.

February 5, 1999.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Mary G. Jolley, Assistant Attorney General, Daytona Beach, for Appellant.

James B. Gibson, Public Defender, and Brynn Newton, Assistant Public Defender, Daytona Beach, for Appellee.


W. SHARP, J.

The state appeals from the trial court's order, which suppressed Brown's blood alcohol test results1 in his DUI manslaughter trial.2

The trial judge ruled that the police officer who ordered the blood test (Trooper Campbell), lacked probable cause to believe Brown was under the influence of alcoholic beverages at the time of the fatal collision between Brown's car and a bicyclist and thus...

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