State v. Hager

District Court of Appeal of Florida

State v. Hager

445 So. 2d 1114, 1984 Fla. App. LEXIS 12037

CourtDistrict Court of Appeal of Florida

DecidedFebruary 29, 1984

DocketNo. 83-1273

StatusPublished

Cited by1 cases

This text of 445 So. 2d 1114 (State v. Hager) 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

State v. Hager, 445 So. 2d 1114, 1984 Fla. App. LEXIS 12037 (Fla. Ct. App. 1984).

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Opinion

PER CURIAM.

The state seeks review of the trial court’s order granting appellee Hager’s motion to suppress evidence. After a careful consideration of the record, arguments, and the applicable law, we find no error in the trial court’s decision. A “founded” suspicion would be necessary to justify the actions of the police officer in this case. In fact, the record reflects that the police officer had no more than a “bare” or “mere” suspicion of illegal activity. The trial court properly granted Hager’s motion to suppress. Mullins v. State, 366 So.2d 1162 (Fla.1978), cert. denied, 444 U.S. 883, 100 S.Ct. 173, 62 L.Ed.2d 113 (1979); Coladonato v. State, 348 So.2d 326 (Fla.1977); Wilson v. State, 433 So.2d 1301 (Fla. 2d DCA 1983); R.B. v. State, 429 So.2d 815 (Fla. 2d DCA 1983); Kearse v. State, 384 So.2d 272 (Fla. 4th DCA 1980).

AFFIRMED.

GRIMES, A.C.J., and SCHEB and RYDER, JJ., concur.

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PER CURIAM.

The state seeks review of the trial court’s order granting appellee Hager’s motion to suppress evidence. After a careful consideration of the record, arguments, and the applicable law, we find no error in the trial court’s decision. A “founded” suspicion would be necessary to justify the actions of the police officer in this case. In fact, the record reflects that the police officer had no more than a “bare” or “mere” suspicion of illegal activity. The trial court properly granted Hager’s motion to suppress. Mullins v. State, 366 So.2d 1162 (Fla.1978), cert. denied, 444 U.S. 883, 100 S.Ct. 173, 62 L.Ed.2d 113 (1979); Coladonato v. State, 348 So.2d 326 (Fla.1977); Wilson v. State, 433 So.2d 1301 (Fla. 2d DCA 1983); R.B. v. State, 429 So.2d 815 (Fla. 2d DCA 1983); Kearse v. State, 384 So.2d 272 (Fla. 4th DCA 1980).

AFFIRMED.

GRIMES, A.C.J., and SCHEB and RYDER, JJ., concur.

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445 So. 2d 1114, 1984 Fla. App. LEXIS 12037, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hager-fladistctapp-1984.

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