Legal Opinion

State v. McCutcheon

District Court of Appeal of Florida

Decided September 7, 2005No. 4D05-1263Published

1Opinion of the CourtMay, J.

The State of Florida appeals an order granting the defendant’s motion to suppress. It argues the trial court erred in suppressing evidence seized during a vehicle search. We agree with the State and reverse the suppression order.

While conducting surveillance at a hotel parking lot known for its high volume of drug transactions, a deputy observed the defendant engage in behavior he believed to be indicative of narcotics sales. He approached the defendant as he sat alone in the passenger seat of a car. The defendant told the deputy he was staying at the hotel, but he didn’t know his room…

2Cases cited10 opinions

  1. United States v. RossSupreme Court of the United States · 1982
  2. Florida v. JimenoSupreme Court of the United States · 1991
  3. Florida v. WellsSupreme Court of the United States · 1990
  4. State v. WellsSupreme Court of Florida · 1989
  5. Oliver v. StateDistrict Court of Appeal of Florida · 1994

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