MATHIS v. STATE

No. 3D07-1214.

8 So.3d 445 (2009)

Darren MATHIS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

April 8, 2009.


Attorney(s) appearing for the Case

Carlos J. Martinez, Public Defender, and Jessica Zagier, and Andrew Stanton, Assistant Public Defenders, for appellant.

Bill McCollum, Attorney General, and Timothy R.M. Thomas, Assistant Attorney General, for appellee.

Before GERSTEN, C.J., and RAMIREZ, J., and SCHWARTZ, Senior Judge.


RAMIREZ, J.

Darren Mathis appeals the denial of his motion to suppress cocaine found on his person pursuant to an illegal search. Because we conclude that under the totality of the circumstances the officer lacked probable cause to search Mathis, we reverse.

At the hearing on the motion, the arresting officer testified that he first became aware of Mathis through a tipster. He described the informant as someone that...

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