STATE v. GAMEZ

No. 2D09-2496.

34 So.3d 245 (2010)

STATE of Florida, Appellant, v. Jose Luis GAMEZ, Jr., Appellee.

District Court of Appeal of Florida, Second District.

May 14, 2010.


Attorney(s) appearing for the Case

Bill McCollum, Attorney General, Tallahassee, and Tonja Rene Vickers, Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, and Tosha Cohen, Assistant Public Defender, Bartow, for Appellee.


WHATLEY, Judge.

Jose Luis Gamez, Jr., was charged with trafficking in methamphetamine and possession of paraphernalia. The trial court granted his motion to suppress based on its finding that Gamez did not consent to a search of his person and that, even if he had consented, such consent was a concession to police authority. We reverse because the evidence presented at the hearing on the motion to suppress does not support the trial court's findings.

At the...

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