Florida District Courts of Appeal, 1995

Reagan v. State

Reagan v. State
Florida District Courts of Appeal · Decided November 29, 1995 · Benton, Lawrence, Wolf
667 So. 2d 378; 1995 Fla. App. LEXIS 12673; 1995 WL 700376 (Southern Reporter, Second Series)

Reagan v. State

Opinion of the Court

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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