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STATE v. DeLUCA

No. 1D09-3458.

40 So.3d 120 (2010)

STATE of Florida, Appellant, v. Stephen M. DeLUCA, Appellee.

District Court of Appeal of Florida, First District.

July 16, 2010.

Attorney(s) appearing for the Case

Bill McCollum, Attorney General; and Thomas D. Winokur, Assistant Attorney General, Tallahassee, for Appellant.

Paul M. Villeneuve, of the Law Office of Paul M. Villeneuve, Tallahassee, for Appellee.

KAHN, J.

The State seeks review of an order granting Stephen DeLuca's motion to suppress evidence obtained as a result of what the trial court called an illegal detention. The issue is whether officers had justification, based on a detailed 911 call, to detain DeLuca and investigate the report of his criminal activity. Because the trial court's characterization of the informant as an "anonymous tipster" relied solely on information discovered after the detention commenced...

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