STATE v. D.F.

No. 3D10-996.

92 So.3d 216 (2011)

The STATE of Florida, Appellant, v. D.F., a juvenile, Appellee.

District Court of Appeal of Florida, Third District.

August 3, 2011.


Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, and Heidi Milan Caballero , Assistant Attorney General, for appellant.

Carlos J. Martinez , Public Defender, and Howard K. Blumberg , Assistant Public Defender, and Armando G. Hernandez , Special Assistant Public Defender, for appellee.

Before ROTHENBERG, LAGOA, and EMAS, JJ.


LAGOA, J.

The State of Florida ("State") appeals from the trial court's order granting appellee D.F.'s motion to suppress physical evidence. Because the record supports the trial court's ruling that D.F. was illegally seized, we affirm the order suppressing the contraband.

I. FACTUAL AND PROCEDURAL HISTORY

During a multi-agency investigatory sweep at an apartment complex, a detective, who was participating as an "eyeball," observed D.F. discard...

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