Florida District Courts of Appeal, 1987

State v. Wolcoff

State v. Wolcoff
Florida District Courts of Appeal · Decided October 14, 1987 · Dell, Stone, Walden
514 So. 2d 394; 12 Fla. L. Weekly 2411; 1987 Fla. App. LEXIS 10609 (Southern Reporter, Second Series)

State v. Wolcoff

Opinion of the Court

PER CURIAM.

This case arises from the state’s appeal of the granting of a motion to suppress.

Appellee, Burton Sanford Wolcoff, was stopped in a high crime area of Fort Laud-erdale at approximately 4:50 in the morning for obstructing traffic in violation of section 316.2045(1), Florida Statutes (1985). Because the record supports the trial court’s determination that there was no violation of the above statute, we agree with the trial court’s finding that the stop and resulting search were improper. Cf, State v. Clark, 511 So.2d 726 (Fla. 1st DCA 1987). Additionally, we find no merit in the state’s argument regarding consent. Accordingly, we affirm.

AFFIRMED.

DELL and WALDEN, JJ., concur. STONE, J., dissents without opinion.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.