Turner v. State
Turner v. State
Opinion of the Court
The appellant, Edward Turner, Jr., challenges the judgment and sentence imposed upon him after he pled nolo contendere to possession of a controlled substance and reserved his right to appeal the denial of his motion to suppress the evidence seized from him. We reverse.
The appellant, after being charged with the crime of possession of a controlled substance, i.e., cocaine, filed a motion to suppress the cocaine on the ground that it was obtained from him as the result of an illegal search and seizure.
Evidence presented at the suppression hearing established that two Clearwater police officers stopped the appellant after observing him cross some railroad tracks while holding a can of malt liquor. After stopping the appellant, the officers did not ask him about the can, but instead inquired about a white paper towel crumpled up in his other hand. One officer reached for the towel and took it without asking permission. The officer shook the towel and a piece of rock cocaine fell out.
The trial court denied the appellant’s motion to suppress. The appellant then pled nolo contendere to the charge and reserved the right to appeal the denial of his motion. The appellant then filed a timely notice of appeal from the judgment and sentence imposed upon him as a result of his plea.
We, accordingly, reverse and remand with instructions to discharge the appellant on this charge.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.