Garcia v. State

RYDER, Judge.

Mr. Garcia pleaded no contest to possession of marijuana, reserving his right to appeal the lower court’s denial of his dispositive motion to suppress evidence. He contends that a traffic stop, which resulted in the seizure of the marijuana, was pretextual. We agree, reverse and remand to the lower court with directions to discharge Garcia.

Mr. Garcia’s encounter with the police occurred near Interstate 75 in Pasco County. Pasco County Deputy John Connolly was conducting drug interdiction on the highway with a Pasco County detective and an agent of Drug Enforcement Agency. Deputy…