STATE v. HARRIS

No. 1D09-4520.

58 So.3d 408 (2011)

STATE of Florida, Appellant, v. Kristy Lynn HARRIS, Appellee.

District Court of Appeal of Florida, First District.

April 14, 2011.


Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, and Michael T. Kennett , Assistant Attorney General, Office of the Attorney General, Tallahassee; Brandon J. Young , Assistant State Attorney, Bonifay, for Appellant.

Nancy A. Daniels , Public Defender, and Steven L. Seliger , Assistant Public Defender, Office of the Public Defender, Tallahassee, for Appellee.


PER CURIAM.

The state appeals an order granting a motion to suppress evidence seized from the defendant's vehicle during a search incident to arrest. Although the search was unlawful, the trial court erred as a matter of law by granting the motion, because the police officers had relied in good faith on well-settled case law when they conducted the search.

The police officers had the defendant under surveillance for suspected drug activity, but they stopped...

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