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STATE v. GENTRY

No. 2D08-5477.

19 So.3d 389 (2009)

STATE of Florida, Appellant, v. Michael Alan GENTRY, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied July 29, 2009.

Attorney(s) appearing for the Case

Bill McCollum, Attorney General, Tallahassee, and Richard M. Fishkin, Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, and Pamela H. Izakowitz, Assistant Public Defender, Bartow, for Appellee.

VILLANTI, Judge.

The State appeals the trial court's order suppressing cocaine found during a search of Michael Gentry. It contends that the trial court improperly considered Gentry's individual mental state when determining whether his encounter with the police constituted a seizure without reasonable suspicion. We agree and reverse the order suppressing the cocaine.

After an encounter with the police, Gentry was arrested and charged with one count of possession...

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