McGOWAN v. STATE

No. 2D00-2021.

778 So.2d 354 (2001)

Michael McGOWAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 5, 2001.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Tosha Cohen, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Stephen D. Ake, Assistant Attorney General, Tampa, for Appellee.


PARKER, Acting Chief Judge.

Michael McGowan appeals the trial court's order denying his motion to suppress drug paraphernalia and cocaine. Because the police lacked probable cause to arrest McGowan for possession of cocaine, we reverse the order denying the motion to suppress. Further, because the motion was dispositive of the case, we direct the trial court to discharge McGowan.

On March 31, 1999, the State filed an information charging McGowan with possession...

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