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STATE v. NEWTON

No. 99-34.

737 So.2d 1252 (1999)

STATE of Florida, Appellant, v. Derrick Lavar NEWTON, Appellee.

District Court of Appeal of Florida, Fifth District.

August 13, 1999.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellant.

James B. Gibson, Public Defender, and Noel A. Pelella, Assistant Public Defender, Daytona Beach, for Appellee.

ORFINGER, M., Senior Judge.

The state appeals an order entered by the trial court granting Newton's motion to suppress. We affirm.

The arresting officer testified that he walked up to appellee, who was accompanied by two other men, because he knew him and had arrested him before on drug charges, and asked him if he had any dope. When appellee replied in the negative, the officer "asked" him to open his mouth.1 Newton complied,...

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