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STATE v. HERRERA

No. 3D07-1561.

991 So.2d 390 (2008)

The STATE of Florida, Appellant, v. Raul HERRERA, Appellee.

District Court of Appeal of Florida, Third District.

September 3, 2008.

Attorney(s) appearing for the Case

Bill McCollum, Attorney General, and Michael C. Greenberg, Assistant Attorney General, for appellant.

Adelstein & Matters and Stuart Adelstein, Miami; Philip R. Horowitz, for appellee.

Before SHEPHERD, CORTIÑAS, and SALTER, JJ.

SHEPHERD, J.

The State of Florida appeals a trial court order suppressing some seventy pounds of marijuana seized by police from a motor vehicle in the possession of the defendant, Raul Herrera, on the ground that the seizure was incident to an illegal arrest. The State argues that the arrest was legal because the defendant knowingly fled police while they were engaged in the performance of a lawful investigatory stop based upon a founded suspicion that Herrera was...

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