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LOWERY v. STATE

No. 2D03-3019.

894 So.2d 1032 (2005)

Howard W. LOWERY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied March 7, 2005.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Andrea Norgard, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Anne Sheer Weiner, Assistant Attorney General, Tampa, for Appellee.

FULMER, Judge.

Howard Lowery appeals from the denial of his motion to suppress evidence. We reverse because the State failed to demonstrate that Lowery consented to the seizure of a pill bottle from his pocket.

Detective Brant Gederian testified that he and Officer Angie Burn were driving in a marked police car on March 10, 2003, when they witnessed Lowery riding a bicycle with no headlight. They stopped Lowery for the headlight violation. Lowery provided...

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