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STATE v. K.S.

No. 2D09-2790.

28 So.3d 985 (2010)

STATE of Florida, Appellant, v. K.S., Appellee.

District Court of Appeal of Florida, Second District.

March 5, 2010.

Attorney(s) appearing for the Case

Bill McCollum, Attorney General, Tallahassee, and Ha Thu Dao, Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, and Allyn M. Giambalvo, Assistant Public Defender, Bartow, for Appellee.

PER CURIAM.

The State appeals an order granting K.S.'s motion to suppress a firearm seized during a search of K.S.'s vehicle and K.S.'s statements to law enforcement relating to his ownership or use of the firearm. Because the circumstances surrounding K.S.'s arrest did not justify a search incident to a lawful arrest, we conclude that the search was unreasonable and that the trial court properly granted the motion to suppress based on Arizona v. Gant, ___...

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