ROCK v. STATE

No. 2D03-5298.

912 So.2d 690 (2005)

Deatrick ROCK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

October 26, 2005.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Robert F. Moeller, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Jonathan P. Hurley, Assistant Attorney General, Tampa, for Appellee.


NORTHCUTT, Judge.

Deatrick Rock pleaded no contest to drug possession charges while reserving the right to appeal the denial of his dispositive motion to suppress evidence seized from him at the time of his arrest. He argues that law enforcement lacked probable cause to arrest him and therefore the search was not incident to a lawful arrest. We agree and reverse.

Detectives Morie and Garst testified at the suppression hearing regarding an undercover drug buy...

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