STATE v. GRANT

No. 4D02-379.

845 So.2d 984 (2003)

STATE of Florida, Appellant, v. Samuel L. GRANT, Appellee.

District Court of Appeal of Florida, Fourth District.

May 21, 2003.


Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and David M. Schultz, Assistant Attorney General, West Palm Beach, for appellant.

William J. Cone, Jr., Ft. Lauderdale, for appellee.


KLEIN, J.

The trial court granted defendant's motion to suppress, and the state appeals, arguing that the officer, who saw the defendant drop a glass pipe, had reasonable suspicion to believe the pipe was used to smoke crack. We reverse.

The officer testified that he was walking in a narcotics area, at night, near an abandoned building. He observed the defendant behind a wall, with a lighter in one hand and a glass pipe in the other. When the defendant saw...

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