M.A.W. v. STATE

No. 2D00-4321.

805 So.2d 957 (2001)

M.A.W., a child, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 21, 2001.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Brad Permar, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Diana K. Bock, Assistant Attorney General, Tampa, for Appellee.


DAVIS, Judge.

M.A.W. challenges the trial court's denial of his motion to suppress marijuana that officers discovered on his person during a consensual weapons pat-down. Because the officer was not justified in lifting M.A.W.'s shirt to conduct a weapons pat-down, we reverse.

Two officers patrolling for alcohol and tobacco violations came upon M.A.W. and a group of friends behind a Boston Market. As soon as the officers arrived, M.A.W. threw a cigarette to...

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