GAFFNEY v. STATE

No. 2D05-6031.

974 So.2d 425 (2007)

Elton GAFFNEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

October 24, 2007.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Alisa Smith, Assistant Public Defender, Bartow, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Richard E. MacDonald, Assistant Attorney General, Tampa, for Appellee.


KELLY, Judge.

Elton Gaffney appeals his judgment and sentence for resisting an officer without violence arguing that the trial court erred in denying his dispositive motion to suppress evidence. We agree with Gaffney that the State did not carry its burden of showing that officers had a reasonable suspicion of criminal activity necessary to justify the investigative detention that led to his arrest, and accordingly, we reverse.

Without a founded suspicion...

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