STATE v. GAY

No. 5D01-3101.

823 So.2d 153 (2002)

STATE of Florida, Appellant, v. Keith Dewayne GAY, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied August 19, 2002.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee and Lori N. Hagan, Assistant Attorney General, Daytona Beach, for Appellant.

James B. Gibson, Public Defender, and Dee Ball, Assistant Public Defender, Daytona Beach, for Appellee.


PALMER, J.

The State of Florida appeals the trial court's order granting Keith Gay's motion to suppress the fruits of an allegedly illegal search. Since the motion to suppress failed to allege that an illegal search had occurred, let alone that any fruits of a search were seized as a result thereof, we reverse.

Gay was charged with committing the crimes of fleeing a law enforcement officer, resisting an officer without violence, and driving while license suspended...

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