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State v. Sanders

District Court of Appeal of Florida, Fifth District
Jul 17, 1998
712 So. 2d 851 (Fla. Dist. Ct. App. 1998)

Opinion

No. 98-286

Opinion filed July 17, 1998 JULY TERM 1998

Appeal from the Circuit Court for Brevard County, Charles Holcomb, Judge.

Robert A. Butterworth, Attorney General, Tallahassee, and Roberta J. Tylke, Assistant Attorney General, Daytona Beach, for Appellant.

Alan H. Landman, Melbourne, for Appellee.


The state appeals an order suppressing evidence. We affirm. Although the traffic stop was valid, the K-9 drug sniff was conducted after the traffic citation had been issued. The stop was unreasonably delayed, and there was no reasonable suspicion based on articulable facts that criminal activity was afoot. See Cresswell v. State, 564 So.2d 480 (Fla. 1990); State v. Brown, 691 So.2d 637 (Fla. 5th DCA 1997); McNeil v. State, 656 So.2d 1320 (Fla. 5th DCA 1995).

AFFIRMED.

PETERSON, THOMPSON, J.J., and ORFINGER, M., Senior Judge, concur.


Summaries of

State v. Sanders

District Court of Appeal of Florida, Fifth District
Jul 17, 1998
712 So. 2d 851 (Fla. Dist. Ct. App. 1998)
Case details for

State v. Sanders

Case Details

Full title:STATE OF FLORIDA, Appellant, v. STEVEN H. SANDERS, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: Jul 17, 1998

Citations

712 So. 2d 851 (Fla. Dist. Ct. App. 1998)

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