REHM v. STATE

No. 4D05-1867.

931 So.2d 1071 (2006)

Daniel P. REHM, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

July 5, 2006.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Ellen Griffin, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Diane F. Medley, Assistant Attorney General, West Palm Beach, for appellee.


STONE, J.

Rehm appeals the judgment and sentence entered following a plea preserving the trial court's denial of his motion to suppress drugs found in a search of his person. The issue is whether a drug dog's alert on the seat and handlebar of a bicycle provides probable cause to search the rider. We reverse.

The facts are undisputed. An officer observed Rehm weaving on a bicycle with no headlight just before midnight and stopped him. The officer administered...

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