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STATE v. HERRON

No. 3D10-2538.

68 So.3d 330 (2011)

The STATE of Florida, Appellant, v. Dwight HERRON, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 2, 2011.

Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, and Magaly Rodriguez , Assistant Attorney General, for appellant.

Carlos J. Martinez , Public Defender, Howard K. Blumberg , Assistant Public Defender, and Michael A. Vera and Nicholas A. Reed , Certified Legal Interns, for appellee.

Before WELLS, C.J., and SHEPHERD, J., and SCHWARTZ, Senior Judge.

SHEPHERD, J.

The State of Florida appeals an order granting the defendant's, Dwight Herron, motion to suppress a firearm seized from his person following a traffic stop. We affirm the order of the trial court.

After executing a valid routine traffic stop, Miami-Dade County Police Officer Robert McGrath ordered Herron out of his vehicle, and to place his hands on top of the roof for the purpose of an external pat-down search. After Herron placed his hands on...

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