Opinion
No. 89-2774.
June 26, 1990.
An Appeal from a nonfinal order of the Circuit Court for Monroe County, Richard Payne, Judge.
Bennett H. Brummer, Public Defender, and Stephen L. Kramer, Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen., and Jacqueline M. Valdespino, Asst. Atty. Gen., for appellee.
Before NESBITT, JORGENSON and GODERICH, JJ.
Raymundo Poey appeals from an order denying his motion to suppress physical evidence. For the following reasons, we reverse.
When defendant was informed of his Miranda rights, handcuffed, and placed inside the patrol car, he was arrested. See State v. Coron, 411 So.2d 237 (Fla. 3d DCA 1982). Because the record is devoid of any evidence that the officers had probable cause to arrest defendant, we reverse the order denying the motion to suppress the physical evidence seized following his arrest.
Reversed and remanded for further proceedings.