Legal Opinion

Rock v. State

District Court of Appeal of Florida

Decided October 26, 2005No. 2D03-5298Published

1Opinion of the Court

NORTHCUTT, Judge.

Deatrick Rock pleaded no contest to drug possession charges while reserving the right to appeal the denial of his dispos-itive motion to suppress evidence seized from him at the time of his arrest. He argues that law enforcement lacked probable cause to arrest him and therefore the search was not incident to a lawful arrest. We agree and reverse.

Detectives Morie and Garst testified at the suppression hearing regarding an undercover drug buy they set up with a reliable confidential informant (Cl). The Cl told the detectives that he could purchase rock cocaine from someone…

2Cases cited4 opinions

  1. Dunn v. StateDistrict Court of Appeal of Florida · 1980
  2. D'AGOSTINO v. StateSupreme Court of Florida · 1975
  3. Perry v. StateDistrict Court of Appeal of Florida · 2005
  4. Lima v. StateDistrict Court of Appeal of Florida · 1984

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