State v. Echevarria

The State of Florida appeals an order granting appellee Echevarria’s motion to suppress evidence. Although we disagree with the trial court’s determination that Echevarria was subject to an illegal stop, we conclude that the evidence is insufficient to show that the drugs were in plain view, taken in a light most favorable to sustaining the trial court’s ruling. We therefore affirm.

Officer William Evans testified that he was conducting surveillance in the parking lot of a restaurant. He was in an unmarked police car and was wearing plain clothes. At approximately 1:00 a.m., Evans saw…