RUCKER v. STATE

No. 2D04-4518.

921 So.2d 857 (2006)

Gary Clayton RUCKER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

March 8, 2006.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Douglas S. Connor, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Helene S. Parnes, Assistant Attorney General, Tampa, for Appellee.


CASANUEVA, Judge.

Gary Clayton Rucker appeals the denial of his motion to suppress statements made following his arrest for loitering and prowling. The motion was found to be dispositive in six pending cases. Because the deputies lacked probable cause to arrest Mr. Rucker without a warrant, we reverse.

Facts

On August 22, 2003, Deputy Lucas, a member of a crime reduction unit focusing on residential burglaries, was on patrol in the Orange River Loop...

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