STATE v. ECHEVARRIA

No. 4D05-3683.

937 So.2d 1276 (2006)

STATE of Florida, Appellant, v. Nelson ECHEVARRIA, Appellee.

District Court of Appeal of Florida, Fourth District.

October 4, 2006.


Attorney(s) appearing for the Case

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

No brief filed on behalf of appellee.


WARNER, J.

The State of Florida appeals an order granting appellee Echevarria's motion to suppress evidence. Although we disagree with the trial court's determination that Echevarria was subject to an illegal stop, we conclude that the evidence is insufficient to show that the drugs were in plain view, taken in a light most favorable to sustaining the trial court's ruling. We therefore affirm.

Officer William Evans testified that he was conducting surveillance...

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