Pittman v. State

At the 1992 hearing on appellant’s motion to suppress, the state clearly relied upon this court’s opinion in Popple v. State, 609 So.2d 619 (Fla. 4th DCA 1992). However, the supreme court subsequently quashed our decision. Popple v. State, 626 So.2d 185 (Fla.1993). I would reverse and remand for reconsideration under Popple and the other authorities cited herein.

Moreover, I believe the trial court’s reliance upon State v. Wilson, 566 So.2d 585 (Fla. 2d DCA 1990), was unfortunate. The facts in the two cases, in my view, are substantially dissimilar; and Wilson is inappo-site.

Both trial…