CABA v. STATE

No. 5D05-3242.

936 So.2d 772 (2006)

Francisco Arismendy CABA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

September 1, 2006.


Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Rebecca Roark Wall, Assistant Attorney General, Daytona Beach, for Appellee.


GRIFFIN, J.

The trial court properly denied appellant, Francisco Arismendy Caba's ["Caba"], motion to suppress. As officers were sitting in an area known for being an "open area drug market," they observed someone drop Caba off, where he paced as if waiting for someone to approach. This behavior was consistent with previous drug transactions observed by officers. One of the officers heard Caba speaking to a resident, who told Caba to go away, that he was not a drug...

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