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STATE v. PETERSON

No. 2D07-3743.

996 So.2d 242 (2008)

STATE of Florida, Appellant, v. Leroy Anthony PETERSON, Appellee.

District Court of Appeal of Florida, Second District.

December 10, 2008.

Attorney(s) appearing for the Case

Bill McCollum, Attorney General, Tallahassee, and Elba Caridad Martin, Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, and Timothy J. Ferreri, Assistant Public Defender, Bartow, for Appellee.

WHATLEY, Judge.

The State appeals the order granting Leroy Anthony Peterson's motion to suppress all evidence found during a search of Peterson's person. The trial court found that Peterson had been seized by law enforcement without a reasonable suspicion of criminal activity. The State argues that the encounter with Peterson was consensual. We reverse.

Officers McCoy and Cruz testified at the hearing on Peterson's motion to suppress that they were on patrol...

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