Gadberry v. State

District Court of Appeal of Florida

Gadberry v. State

752 So. 2d 704, 2000 Fla. App. LEXIS 1443, 2000 WL 192170

CourtDistrict Court of Appeal of Florida

DecidedFebruary 18, 2000

DocketNo. 2D99-2064

StatusPublished

This text of 752 So. 2d 704 (Gadberry v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Gadberry v. State, 752 So. 2d 704, 2000 Fla. App. LEXIS 1443, 2000 WL 192170 (Fla. Ct. App. 2000).

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Opinion

PER CURIAM.

Jerald Gadberry appeals the denial of his dispositive motion to suppress. He argues, and the State concedes, that the finding by the trial court that “it would not have been unreasonable for him to assume that he was not free to leave” requires the conclusion that Gadberry was improperly detained after a traffic stop was completed. See Powell v. State, 649 So.2d 888, 889 (Fla. 2d DCA 1995) (holding that a “continued detention is illegal if the reason for the initial stop is resolved”). Accordingly, we reverse and remand.

BLUE, A.C.J., and FULMER and DAVIS, JJ., Concur.

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PER CURIAM.

Jerald Gadberry appeals the denial of his dispositive motion to suppress. He argues, and the State concedes, that the finding by the trial court that “it would not have been unreasonable for him to assume that he was not free to leave” requires the conclusion that Gadberry was improperly detained after a traffic stop was completed. See Powell v. State, 649 So.2d 888, 889 (Fla. 2d DCA 1995) (holding that a “continued detention is illegal if the reason for the initial stop is resolved”). Accordingly, we reverse and remand.

BLUE, A.C.J., and FULMER and DAVIS, JJ., Concur.

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752 So. 2d 704, 2000 Fla. App. LEXIS 1443, 2000 WL 192170, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gadberry-v-state-fladistctapp-2000.

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