STENNES v. STATE

No. 4D05-3818.

939 So.2d 1148 (2006)

Howard STENNES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 18, 2006.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Dea Abramschmitt, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Georgina Jimenez-Orosa, Assistant Attorney General, West Palm Beach, for appellee.


GROSS, J.

The issue in this case is whether a marijuana pipe and cocaine rocks were the fruits of a search that violated the Fourth Amendment to the United States Constitution. We hold that the search occurred after an investigatory stop that was unsupported by reasonable suspicion, and reverse.

Appellant Howard Stennes was sitting in his Ford Explorer in a dark area behind an open gas station at 11:30 p.m. A white Monte Carlo was parked next to Stennes, who...

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