From Casetext: Smarter Legal Research

Howell v. State

District Court of Appeal of Florida, Fourth District
Feb 6, 1991
573 So. 2d 452 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-1365.

February 6, 1991.

Appeal from the Circuit Court for Broward County; Robert B. Carney, Judge.

Richard L. Jorandby, Public Defender, and Mallorye Cunningham, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Sylvia Alonso, Asst. Atty. Gen., West Palm Beach, for appellee.


AFFIRMED.

HERSEY, C.J., and GLICKSTEIN, J., concur.

STONE, J., dissents with opinion.


In my judgment, the state failed to meet its burden to demonstrate why appellant's vehicle was stopped by the police. Therefore, I would reverse the order denying appellant's motion to suppress. It cannot be determined from this record that the stop was valid, notwithstanding the subsequent discovery of an improper tag display that might have served as a basis for a valid stop.


Summaries of

Howell v. State

District Court of Appeal of Florida, Fourth District
Feb 6, 1991
573 So. 2d 452 (Fla. Dist. Ct. App. 1991)
Case details for

Howell v. State

Case Details

Full title:PATRICK HOWELL, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Feb 6, 1991

Citations

573 So. 2d 452 (Fla. Dist. Ct. App. 1991)