Florida District Courts of Appeal, 2003

Martel v. State

Martel v. State
Florida District Courts of Appeal · Decided January 3, 2003 · Blue, Davis, Kelly
833 So. 2d 875; 2003 Fla. App. LEXIS 28; 2003 WL 20061 (Southern Reporter, Second Series)

Martel v. State

Opinion of the Court

DAVIS, Judge.

Michael J. Martel pleaded nolo conten-dere to driving with license suspended or revoked and armed trafficking in methamphetamine, reserving his right to appeal the trial court’s denial of his motion to suppress. Martel was stopped and arrested solely on information provided by a confidential informant.

After reviewing this record, we conclude that, based on the totality of the circumstances test as discussed in State v. Butler, 655 So.2d 1123 (Fla. 1995), the State failed to show that law enforcement had probable cause to justify the arrest and subsequent search of Martel. Accordingly, the trial court erred in denying the motion to suppress.

Reversed.

BLUE, C.J., and KELLY, J., Concur.

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