STATE v. GARCIA

No. 4D02-4358.

866 So.2d 124 (2004)

STATE of Florida, Appellant, v. Steven GARCIA, Appellee.

District Court of Appeal of Florida, Fourth District.

February 11, 2004.


Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Linda Harrison, Assistant Attorney General, West Palm Beach, for appellant.

Maury Halperin, Fort Lauderdale, for appellee.


MAY, J.

The State appeals a trial court order that granted the defendant's motion to suppress. It argues that it had consent and/or exigent circumstances existed to validate the otherwise warrantless search. We disagree and affirm.

Officer Guaracino testified that around 3:30 a.m. on September 9, 2001, he followed Keith Evan Bua from a closed shopping center pay phone to an apartment complex parking lot. After being contacted via radio that Guaracino was observing...

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