DAVIS v. STATE

No. 1D05-5707.

946 So.2d 575 (2006)

Keith DAVIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

December 18, 2006.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and Archie F. Gardner, Jr., Assistant Public Defender, Tallahassee, for Appellant.

Charlie Crist, Attorney General, and Anne C. Conley, Assistant Attorney General, Tallahassee, for Appellee.


WEBSTER, J.

Arguing that the trial court erroneously denied his dispositive motion to suppress, appellant seeks review of his conviction for possession of marijuana with intent to sell, manufacture or deliver it. We agree that a seizure occurred for Fourth Amendment purposes when appellant was "asked" by a sheriff's deputy to exit the car in which he had been a passenger and put his hands on the car's roof, so that appellant's immediately ensuing "consent" to a search...

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