MCCLAMMA v. STATE

No. 2D12-3523.

138 So.3d 578 (2014)

Alexander W. McCLAMMA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

May 9, 2014.


Attorney(s) appearing for the Case

Howard L. Dimmig, II , Public Defender, and Pamela H. Izakowitz , Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Anne Sheer Weiner , Assistant Attorney General, Tampa, for Appellee.


ALTENBERND, Judge.

Alexander W. McClamma appeals his judgments and orders of probation entered as a result of a negotiated plea after the denial of his dispositive motion to suppress. We reverse. Mr. McClamma's case demonstrates that a valid arrest for loitering or prowling typically occurs in combination with a Terry1 stop for a crime that is occurring or is about to occur. But loitering or prowling is not the crime of attempting...

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