State v. D.E.R

Full title: The STATE of Florida, Appellant, v. D.E.R., a juvenile, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Dec 1, 2004

887 So. 2d 441 (Fla. Dist. Ct. App. 2004)

Opinion

No. 3D04-922.

December 1, 2004.

An Appeal from the Circuit Court for Miami-Dade County, Mindy Glazer, Judge.

Charles J. Crist, Jr., Attorney General, and John D. Barker, Assistant Attorney General, for appellant.

Bennett H. Brummer, Public Defender, and Robert Kalter, Assistant Public Defender, for appellee.

Before GREEN, FLETCHER, and RAMIREZ, JJ.

PER CURIAM.

Based upon our conclusion that the record evidence fully supports the trial court's finding that the police lacked reasonable suspicion to conduct a pat down search of the appellee/juvenile, we affirm the order granting the motion to suppress. See Ray v. State, 849 So.2d 1222 (Fla. 4th DCA 2003); Coleman v. State, 723 So.2d 387 (Fla. 2d DCA 1999); E.H. v. State, 593 So.2d 243 (Fla. 5th DCA 1991).

Affirmed.