STATE v. NASH

No. 4D06-3125.

957 So.2d 1266 (2007)

STATE of Florida, Appellant, v. Kevin NASH, Appellee.

District Court of Appeal of Florida, Fourth District.

May 23, 2007.


Attorney(s) appearing for the Case

Bill McCollum, Attorney General, Tallahassee, and Thomas A. Palmer, Assistant Attorney General, West Palm Beach, for appellant.

No appearance for appellee.


STONE, J.

The state appeals the trial court's order granting Nash's motion to suppress. We reverse.

Nash was cited for leaving an unattended vehicle's motor running while in a convenience store parking lot. After the citation was issued, the officer asked Nash for consent to search his person for weapons and/or narcotics, to which Nash responded, "I have nothing, go right ahead." The officer then performed a pat-down search. During the search, he removed a...

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