Lencsak v. State

FRANK, Acting Chief Judge.

Robert Lencsak has appealed from the denial of his motion to suppress, contending that the police improperly searched a paper bag in his possession which ultimately was found to contain marijuana. We reverse.

In the early morning hours two police officers standing in the parking lot of the city hall in Punta Gorda observed Lencsak ride by on a bicycle and throw a soda can to the ground. The officers stopped him and issued a citation for littering. They demanded that he reveal the contents of a paper bag he was carrying on his handlebars. Lencsak told them that the bag…