ZANDATE v. STATE

No. 2D98-3531.

779 So.2d 476 (2000)

Jesus ZANDATE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 3, 2000.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Patricia A. Paterson, Assistant Public Defender, Bartow, for Appellant.

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


FULMER, Acting Chief Judge.

Jesus Zandate appeals the denial of his motion to suppress drugs seized during the traffic stop of a car in which he was riding as a passenger. He argues that the drugs were seized pursuant to an unlawful search of his pocket. We reverse because the deputy did not have probable cause to arrest Zandate at the time of the search, and therefore, the search was illegal.

Deputy Aument testified at the suppression hearing that he stopped...

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