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McNICHOLS v. STATE

No. 5D04-1296.

899 So.2d 1197 (2005)

Kevin B. McNICHOLS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

April 15, 2005.

Attorney(s) appearing for the Case

R. Lee Dorough, Orlando, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Ann M. Phillips, Assistant Attorney General, Daytona Beach, for Appellee.

PETERSON, J.

A cracked windshield on Kevin McNichols' vehicle caused an Osceola County deputy to stop him. After the stop, the deputy examined McNichols' drivers license and expired vehicle registration and only issued a verbal warning in lieu of a citation. The events that followed require us to reverse the trial court's denial of McNichols' motion to suppress directed to the 44.5 grams of Alprazolam pills and 10 grams of marijuana that the deputy discovered in McNichols...

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