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State v. Campbell

District Court of Appeal of Florida, First District
Oct 13, 1983
438 So. 2d 1030 (Fla. Dist. Ct. App. 1983)

Opinion

No. AR-132.

October 13, 1983.

Appeal from the Circuit Court, Okaloosa County, Edward Barfield, J.

Jim Smith, Atty. Gen., and Lawrence Kaden, Asst. Atty. Gen., for appellant.

J. LaDon Dewrell, Fort Walton Beach, for appellee.


We affirm the trial court's order granting Campbell's motion to suppress evidence. The officer (a wildlife officer with the Florida Game and Freshwater Fish Commission) who stopped and detained Campbell and his vehicle did not have sufficient information that criminal activity was afoot to justify a brief investigatory stop. United States v. Cortez, 449 U.S. 411, 101 S.Ct. 690, 66 L.Ed.2d 621 (1981); Brown v. Texas, 443 U.S. 47, 99 S.Ct. 2637, 61 L.Ed.2d 357 (1979); Section 901.151, Florida Statutes (1981). Nor did Campbell's operation of his vehicle justify the officer's stopping Campbell for a traffic offense. Brown v. State, 62 So.2d 348 (Fla. 1953); Bailey v. State, 319 So.2d 22 (Fla. 1975); compare State v. Turner, 345 So.2d 767 (Fla. 4th DCA 1977).

AFFIRMED.

ERVIN, C.J., and THOMPSON and NIMMONS, JJ., concur.


Summaries of

State v. Campbell

District Court of Appeal of Florida, First District
Oct 13, 1983
438 So. 2d 1030 (Fla. Dist. Ct. App. 1983)
Case details for

State v. Campbell

Case Details

Full title:STATE OF FLORIDA, APPELLANT, v. DANIEL C. CAMPBELL, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Oct 13, 1983

Citations

438 So. 2d 1030 (Fla. Dist. Ct. App. 1983)

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