00-2575 STATE V. SANDS

State: Florida

Court: Florida Third District Court

Docket No: 00-2575 STATE V. SANDS

Case Date: 12/05/2001

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, vs. DAVID ALEX SANDS, Appellee.

** ** ** ** ** CASE NO. 3D00-2575 LOWER TRIBUNAL NO. 00-16648

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, Assistant Public Defender, for appellee. and Robert Kalter,

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.

-2-

Download 00-2575 STATE V. SANDS.pdf