FRICANO v. STATE

No. 4D05-3807.

939 So.2d 324 (2006)

JOSEPH FRICANO, Appellant, v. STATE OF FLORIDA, Appellee.

District Court of Appeal of Florida, Fourth District.

October 18, 2006.


Attorney(s) appearing for the Case

Phillip Menditto of Fred Haddad, P.A., Fort Lauderdale, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee.


STEVENSON, C.J.

Joseph Fricano pled nolo contendere to charges of possession of cocaine and drug paraphernalia, reserving his right to appeal the trial court's denial of his motion to suppress the evidence against him. On appeal, Fricano argues the motion to suppress should have been granted as the evidence was obtained during an investigatory stop that was not supported by the requisite "founded suspicion." We find merit in Fricano's argument and reverse.

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