Florida District Courts of Appeal, 1998

State v. Wagner

State v. Wagner
Florida District Courts of Appeal · Decided January 14, 1998 · Green, Levy, Shevin
713 So. 2d 428; 1998 Fla. App. LEXIS 206; 1998 WL 288949 (Southern Reporter, Second Series)

State v. Wagner

Concurring Opinion

GREEN, Judge

(concurring).

I agree that a reversal of the lower court’s suppression order is warranted, but by virtue of the U.S. Supreme Court’s decision in Alabama v. White, 496 U.S. 325, 110 S.Ct. 2412, 110 L.Ed.2d 301 (1990), and this court’s decision in State v. Gonzalez, 682 So.2d 1168 (Fla. 3d DCA 1996), review denied, 689 So.2d 1069 (Fla. 1997).

Opinion of the Court

PER CURIAM.

We reverse the order granting the motion to suppress. The trial court erred in finding that the officer did not have a founded or reasonable suspicion that the vehicle occupant had committed a crime to justify stopping the vehicle. See Hunter v. State, 660 So.2d 244, 249 (Fla. 1995).

Reversed and remanded.

LEVY and SHEVIN, JJ., concur.

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