STATE v. STONE

No. 5D04-630.

889 So.2d 999 (2004)

STATE of Florida, Appellant, v. David Perry STONE, Appellee.

District Court of Appeal of Florida, Fifth District.

December 23, 2004.


Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Rebecca Roark Wall, Assistant Attorney General, Daytona Beach, for Appellant.

Joerg F. Jaeger of Jaeger Blankner, Orlando, for Appellee.


PETERSON, J.

The State of Florida appeals an order suppressing evidence of a concealed firearm possessed by David Perry Stone after a police officer stopped him for riding his bicycle at night without lights.

A police officer stopped Stone for riding his bicycle without lights at 3:30 a.m. and asked him for identification. The officer examined the identification and when returning it asked Stone whether he possessed any weapons or drugs. Stone admitted that...

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