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LANIER v. STATE

No. 5D10-2080.

74 So.3d 1130 (2011)

Stephen LANIER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

November 18, 2011.

Attorney(s) appearing for the Case

James S. Purdy , Public Defender, and Meghan Ann Collins , Assistant Public Defender, Daytona Beach, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Lori N. Hagan , Assistant Attorney General, Daytona Beach, for Appellee.

COHEN, J.

Stephen Lanier was arrested and charged with possession of a controlled substance pursuant to section 893.13(6)(a), Florida Statutes (2009), as well as resisting an officer without violence. Lanier filed a motion to suppress, alleging that he was seized without a warrant or probable cause, and therefore the subsequent search of his person was unauthorized under the Fourth Amendment to the United States Constitution. Following the denial

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