STATE v. K.V.

No. 4D01-3812.

821 So.2d 1127 (2002)

STATE of Florida, Appellant, v. K.V., a child, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 1, 2002.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Richard Valuntas, Assistant Attorney General, West Palm Beach, for appellant.

Carey Haughwout, Public Defender, Margaret Good-Earnest, Assistant Public Defender, and Michael Antinori, Assistant Public Defender Certified to Practice as a Member of an Out-of-State Bar, West Palm Beach, for appellee.


GROSS, J.

The state appeals an order granting a motion to suppress entered in favor of appellee, K.V. We reverse, holding that there was a sufficient basis under the Fourth Amendment for the officer to stop and search K.V. and his car.

On the evening of January 10, 2001, K.V. dropped off a friend at an apartment complex in Lauderhill. Driving through the gated entrance to the complex, K.V. stopped to speak to the security guard, who noticed an odor of burning...

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