BEAHAN v. STATE

No. 1D09-4226.

41 So.3d 1000 (2010)

Austin Thomas BEAHAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

August 5, 2010.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, Steven L. Seliger, Assistant Public Defender, M.J. Lord, Assistant Public Defender, and Catharine Schoenecker, Legal Intern, Office of the Public Defender, Tallahassee, for Appellant.

Bill McCollum, Attorney General, and Heather Flanagan Ross, Assistant Attorney General, Office of the Attorney General, Tallahassee; Meredith Charbula, Department of Legal Affairs, Tallahassee, for Appellee.


PADOVANO, J.

This is an appeal from an order withholding adjudication of guilt and placing the defendant on probation for possession of a controlled substance and possession of drug paraphernalia. We conclude that the contraband items at issue should have been suppressed from evidence on the ground that they were illegally seized from the defendant's vehicle. Accordingly, we reverse.

The charges arose from a traffic stop on the evening of September 10, 2008...

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