STATE v. BARNES

No. 4D06-3784.

979 So.2d 991 (2008)

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

District Court of Appeal of Florida, Fourth District.

February 13, 2008.


Attorney(s) appearing for the Case

Bill McCollum, Attorney General, Tallahassee, and Diane F. Medley, Assistant Attorney General, West Palm Beach, for appellant.

Carey Haughwout, Public Defender, and Paul E. Petillo, Assistant Public Defender, West Palm Beach, for appellee.


PER CURIAM.

Appellant, the State of Florida, timely appeals the trial court's order granting the defendant's motion to suppress all evidence obtained as a result of a pat-down frisk of the defendant.

As background, an officer stopped the appellee, Howard Barnes, for riding a bicycle at night without a light as required by law. When the officer approached Barnes, Barnes was "acting real nervous, jittery and everything." The officer asked Barnes why he did not...

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