2D04-2222 / State v. Burger

State: Florida

Court: Florida Southern District Court

Docket No: 2D04-2222

Case Date: 03/03/2006

Plaintiff: 2D04-2222 / State

Defendant: Burger

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT STATE OF FLORIDA, Appellant, v. CHRISTOPHER A. BURGER, Appellee. Opinion filed March 3, 2006. Appeal from the Circuit Court for Charlotte County; Donald E. Pellecchia, Judge. Charles J. Crist, Jr., Attorney General, Tallahassee, and Marilyn Muir Beccue, Assistant Attorney General, Tampa, for Appellant. David J. Migneault, Colorado Springs, Colorado, for Appellee. CASANUEVA, Judge. The State appeals from an order suppressing information obtained from Christopher A. Burger as the result of an unauthorized traffic stop. Charlotte County Sheriff's deputies stopped Mr. Burger's car for a violation of section 316.222(1), Florida Statutes (2004), which requires "[e]very motor vehicle . . . to be equipped with two or more stop lamps meeting the requirements of section 316.234(1)." That section, in turn, ) ) ) ) ) ) ) ) )

Case No. 2D04-2222

requires a motor vehicle to be equipped with rear stop lamps that display "a red or amber light, visible from a distance of not less than 300 feet to the rear in normal sunlight, and which shall be activated upon application of the service (foot) brake."

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