SMITH v. STATE

No. 2D98-3188.

753 So.2d 713 (2000)

Paul SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

March 17, 2000.


Attorney(s) appearing for the Case

David R. Parry of Jordan Hills Professional Center, Clearwater, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Tonja R. Vickers, Assistant Attorney General, Tampa, for Appellee.


CASANUEVA, Judge.

Paul Smith appeals his conviction for possession of cocaine, asserting that the trial court erred in concluding that he consented to a search of his mouth. We agree and reverse.

On January 9, 1998, Officer Michael Tull of the Tarpon Springs Police Department was on drug surveillance patrol in the vicinity of Lime and Stafford streets, a documented location for crack cocaine sales. The officer was in an unmarked vehicle and was attired in...

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