STATE v. BURKE

No. 4D03-4879.

902 So.2d 955 (2005)

STATE of Florida, Appellant, v. Fred O. BURKE, Appellee.

District Court of Appeal of Florida, Fourth District.

June 8, 2005.


Attorney(s) appearing for the Case

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

Carey Haughwout, Public Defender, and Marcy K. Allen, Assistant Public Defender, West Palm Beach, for appellee.


KLEIN, J.

The state appeals an order suppressing evidence of drugs found in defendant's car after he was stopped by an officer for having a broken taillight and a crack in his windshield. We affirm and certify conflict on the question of whether any visible crack in a windshield can justify the stop of a vehicle.

A detective and his partner, who were driving behind defendant, pulled him over after observing a cracked...

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