Reagan v. State

District Court of Appeal of Florida

Reagan v. State

667 So. 2d 378, 1995 Fla. App. LEXIS 12673, 1995 WL 700376

District Court of Appeal of Florida·Decided November 29, 1995·No. No. 95-105·Published·Cited by 2 cases

Opinion

PER CURIAM.

We reverse the trial court’s denial of the motion to suppress. The trial court found that the initial stop was illegal, and we find that there were no legally sufficient intervening circumstances which would result in the ultimate search not being considered fruits of the poisonous tree. See Libby v. State, 561 So.2d 1253 (Fla. 2d DCA 1990); Kimbrough v. State, 539 So.2d 619 (Fla. 4th DCA 1989); and Rozier v. State, 368 So.2d 379 (Fla. 3d DCA 1979). The judgment below is reversed, and the case remanded with directions to grant the motion to suppress.

WOLF, LAWRENCE and BENTON, JJ., concur.

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PER CURIAM.

We reverse the trial court’s denial of the motion to suppress. The trial court found that the initial stop was illegal, and we find that there were no legally sufficient intervening circumstances which would result in the ultimate search not being considered fruits of the poisonous tree. See Libby v. State, 561 So.2d 1253 (Fla. 2d DCA 1990); Kimbrough v. State, 539 So.2d 619 (Fla. 4th DCA 1989); and Rozier v. State, 368 So.2d 379 (Fla. 3d DCA 1979). The judgment below is reversed, and the case remanded with directions to grant the motion to suppress.

WOLF, LAWRENCE and BENTON, JJ., concur.

Reagan v. State, 667 So. 2d 378, 1995 Fla. App. LEXIS 12673, 1995 WL 700376 (Fla. Ct. App. 1995).

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Opinion

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