HERRMANN v. STATE

No. 97-00985.

728 So.2d 266 (1999)

Joseph HERRMANN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 29, 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 Helene S. Parnes, Assistant Attorney General, Tampa, for Appellee.


PER CURIAM.

Joseph Herrmann appeals the trial court's denial of his motion to suppress evidence. Because the officer lacked a founded suspicion to conduct the traffic stop that resulted in the seizure of cocaine from Herrmann's vehicle, we reverse.

At approximately 4:30 a.m., Deputy Johnson observed a Mustang parked at a Texaco gas station near some pay telephones. The station was open for business. The deputy observed Herrmann talking on the telephone and...

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