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STATE v. GARDNER

No. 2D10-1776.

72 So.3d 218 (2011)

STATE of Florida, Appellant, v. Stephen Dannell GARDNER, Jr., Appellee.

District Court of Appeal of Florida, Second District.

October 5, 2011.

Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, Tallahassee, and Helene S. Parnes , Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman , Public Defender, and Maureen E. Surber , Assistant Public Defender, Bartow, for Appellee.

WHATLEY, Judge.

Stephen Dannell Gardner, Jr., was charged with resisting arrest without violence and possession of cocaine with intent to sell, and in this appeal, the State of Florida challenges an order granting Gardner's motion to suppress the cocaine found in his car. We conclude that the trial court erred in granting the motion to suppress because there was probable cause to search the car, and we therefore reverse.

At the hearing on Gardner's motion...

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