State v. Hernandez

This is an appeal by the State of the trial court’s order granting the defendant’s motion to suppress. We reverse.

The facts are that on August 26, 1994 at 7:30 p.m., Robert Duby, an off-duty Florida Marine Patrol officer was driving a personal vehicle in his neighborhood when he observed the defendant run out from behind a church and in front of Duby’s vehicle at an extremely fast pace. Duby testified that the defendant appeared to be running from “someone or something.” At the time, the defendant was holding his left side as if he was trying to conceal something. Duby observed a bulge on the…