ERNEST L. MARCONI, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ERNEST L. MARCONI, APPELLANT,
STATE OF FLORIDA, APPELLEE
927 So. 2d 215
Florida District Court of Appeal, Fifth District (2006)
Caution
Cited by 2 cases
Opinion of the Court
TORPY, J.
In this cocaine possession case, Appellant challenges the lower court’s order denying his motion to suppress the evidence. Concluding that the police officer lacked probable cause for the warrantless search and seizure of Appellant, we reverse. Huntley v. State, 575 So. 2d 285 (Fla. 5th DCA 1991); Walker v. State, 846 So. 2d 643 (Fla. 2d DCA 2003).
REVERSED.
SHARP, W. and LAWSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Wallace v. State, 8 So. 3d 492 (Fla. 5th DCA 2009)…e Supreme Court concluded that the “fact that the stop occurred in a ‘high crime area’ ” was among the “relevant contextual considerations in a Terry analysis.” 528 U.S. at 124, 120 S.Ct. 673. Finally, one case cited by Appellant, Marconi v. State, 927 So. 2d 215 (Fla. 5th DCA 2006), is legally distinguishable. That case involved probable cause, which requires a considerably greater factual showing than reasonable suspicion. Wardlow, 528 U.S. at 123, 120 S.Ct. 673. AFFIRMED. LAWSON, J., and PLEUS, JR., R.,…
Authorities Cited
- Huntley v. State, 575 So. 2d 285 (Fla. 5th DCA 1991)
- Walker v. State, 846 So. 2d 643 (Fla. 2d DCA 2003)