D.S. v. State

ON MOTION FOR REHEARING

We grant the State of Florida’s motion for rehearing, withdraw our prior opinion filed April 11, 2012, and substitute the following in its place:

D.S., a minor, appeals from a withhold of adjudication of delinquency entered following an adjudicatory hearing. The issue on appeal is whether the trial court erred in not granting his motion to suppress marijuana discovered incident to his arrest for loitering and prowling. We reject the argument raised by D.S. and affirm the trial court.

Officer Collier, the arresting officer, testified at the suppression hearing that he…