00-2575 STATE V. SANDS

State: Florida

Court: Florida Southern District Court

Docket No: 3d00-2575

Case Date: 12/05/2001

Plaintiff: 00-2575 STATE

Defendant: SANDS

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.
IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2001
THE STATE OF FLORIDA, **
Appellant,  **  CASE NO. 3D00-2575
vs.  **  LOWER
TRIBUNAL NO. 00-16648
DAVID ALEX SANDS,  **
Appellee.  **

Opinion filed December 5, 2001.
An Appeal from a nonfinal order of the Circuit Court for Dade County, Peter Lopez, Judge.
Robert A. Butterworth, Attorney General, and Fredericka Sands, Assistant Attorney General, for appellant.
Bennett H. Brummer, Public Defender, and Robert Kalter, Assistant Public Defender, for appellee.
Before JORGENSON, LEVY, and GODERICH, JJ.
PER CURIAM.
The State appeals from a non-final order granting defendant's motion to suppress evidence of his possession of drugs and a concealed weapon. The trial court, relying on Shadler v. State, 761 So. 2d 279 (Fla. 2000), ruled that if an officer's reason for a traffic stop is based on misinformation, any evidence found as a result of the stop must be suppressed. We affirm, as the facts of this case are indistinguishable from those in Shadler.
AFFIRMED.
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