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STATE v. McNEAL

No. 2D08-5768.

72 So.3d 145 (2010)

STATE of Florida, Appellant, v. Matthew Wilson McNEAL, Appellee.

District Court of Appeal of Florida, Second District.

June 4, 2010.

Attorney(s) appearing for the Case

Bill McCollum , Attorney General, Tallahassee, and Susan M. Shanahan , Assistant Attorney General, Tampa, for Appellant.

Chris M. Pratt , Palmetto, for Appellee.

MORRIS, Judge.

The State appeals an order granting Matthew Wilson McNeal's motion to suppress. We affirm based on this court's holding in Matheson v. State, 870 So.2d 8, 14-15 (Fla. 2d DCA 2003), that "the fact that a dog has been trained and certified, standing alone, is insufficient to give officers probable cause to search based on the dog's alert" and that when making a determination of a dog's reliability, a trial court...

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