Jenkins v. State

The state, as the prevailing party at the evidentiary hearing held on the defendant’s motion to suppress, is entitled to the most *530favorable view of the evidence in support of its position. Medina v. State, 466 So.2d 1046 (Fla.1985); Shapiro v. State, 390 So.2d 344 (Fla.1980), cert. denied, 450 U.S. 982, 101 S.Ct. 1519, 67 L.Ed.2d 818 (1981); Sommer v. State, 465 So.2d 1339 (Fla. 5th DCA 1985). Utilizing that construction, the record herein supports the determination by the trial court that there was no search or seizure involved in this case until the arresting officer (Franklin) observed…