Martel v. State

District Court of Appeal of Florida

Martel v. State

833 So. 2d 875, 2003 Fla. App. LEXIS 28, 2003 WL 20061

CourtDistrict Court of Appeal of Florida

DecidedJanuary 3, 2003

DocketNo. 2D01-2869

StatusPublished

This text of 833 So. 2d 875 (Martel 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.

Bluebook

Martel v. State, 833 So. 2d 875, 2003 Fla. App. LEXIS 28, 2003 WL 20061 (Fla. Ct. App. 2003).

Pincite

Opinion

DAVIS, Judge.

Michael J. Martel pleaded nolo conten-dere to driving with license suspended or revoked and armed trafficking in methamphetamine, reserving his right to appeal the trial court’s denial of his motion to suppress. Martel was stopped and arrested solely on information provided by a confidential informant.

After reviewing this record, we conclude that, based on the totality of the circumstances test as discussed in State v. Butler, 655 So.2d 1123 (Fla.1995), the State failed to show that law enforcement had probable cause to justify the arrest and subsequent search of Martel. Accordingly, the trial court erred in denying the motion to suppress.

Reversed.

BLUE, C.J., and KELLY, J., Concur.

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