STATE v. RIO

No. 2D01-3757.

827 So.2d 404 (2002)

STATE of Florida, Appellant, v. Frank J. RIO, Appellee.

District Court of Appeal of Florida, Second District.

October 11, 2002.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Deborah F. Hogge, Assistant Attorney General, Tampa, for Appellant.

Brett McIntosh, Sarasota, for Appellee.


DAVIS, Judge.

The State challenges the circuit court order granting Frank Rio's motion to suppress evidence seized from him during a traffic stop of a vehicle in which he was a passenger. We reverse.

Rio was the passenger in a car that was stopped by a trooper for speeding and erratic driving. Upon the trooper's request, the driver consented to a search of the vehicle. The trooper then asked Rio to exit the car. Upon noticing a bulge in Rio's waistband, the...

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