FANT v. STATE

No. 5D10-3299.

72 So.3d 784 (2011)

Arnold Norman FANT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

October 14, 2011.


Attorney(s) appearing for the Case

James S. Purdy , Public Defender, and Nancy Ryan , Assistant Public Defender, Daytona Beach, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Pamela J. Koller , Assistant Attorney General, Daytona Beach, for Appellee.


LAWSON, J.

Arnold Fant appeals the denial of his dispositive motion to suppress evidence obtained from a search incident to his arrest on January 10, 2006. He argues that probable cause for that arrest stemmed directly from an illegal stop and search on October 5, 2005, and thus, the evidence seized on January 10 was fruit of the poisonous tree. We agree that the evidence seized from Fant should have been suppressed, and reverse the trial court's order.

The...

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