Gadberry v. State

752 So. 2d 704, 2000 Fla. App. LEXIS 1443, 2000 WL 192170
District Court of Appeal of Florida·Decided February 18, 2000·No. No. 2D99-2064·Published

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

752 So. 2d 704 (Gadberry v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Powell v. State
649 So. 2d 888 (District Court of Appeal of Florida, 1995)