State v. Moreno

The state petitions for writ of common law certiorari to review an order of the Appellate Division, Circuit Court, of the Eleventh Judicial Circuit, affirming an order of the county court which granted a motion to suppress.

A Hialeah police officer was the only witness who testified before the county judge and plainly detailed the defendant’s alleged violation of sections 316.193 and 316.1925, Florida Statutes (1987). The officer’s testimony was unrebutted, uncontra-dicted, and unimpeached. The contraband that was seized flowed as an incident to the defendant’s arrest. Consequently, the county…