WARREN v. STATE

Nos. 88-2359, 88-2360.

547 So.2d 324 (1989)

Ethingor Wilzo WARREN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 10, 1989.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender and Barbara C. Davis, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee and Pamela D. Cichon, Asst. Atty. Gen., Daytona Beach, for appellee.


ORFINGER, Judge.

By this consolidated action, Warren appeals from his conviction for possession of a controlled substance and the revocation of his probation which was based on such possession. He asserts the trial court erred in denying his motion to suppress. We agree and reverse on the following briefly stated analysis.

Even assuming, without deciding, that the circumstances provided the Sanford police officer with a founded suspicion to stop Warren, this...

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