Legal Opinion

State v. Spoonamore

Circuit Court for the Judicial Circuits of Florida

Decided December 12, 1989No. Case No. 89-0055AC (A) 02Published

1Opinion of the Court

OPINION OF THE COURT

REVERSED AND REMANDED

COHEN, J.

2DissentMiller, J.

The State of Florida appeals the lower court’s order granting a motion to suppress the evidence which forms the basis for charging the appellee Spoonamore with driving while under the influence of an alcoholic beverage to the extent his normal faculties were impaired.

*64The court adopts the lower court’s findings of fact but reaches a different conclusion concerning the law. The lower court found as follows:

“FINDINGS OF FACT

1. The Defendant was charged with D.U.I. based upon a detention of the Defendant which arose from an anonymous telephone…

3Cases cited4 opinions

  1. Oliver v. United StatesSupreme Court of the United States · 1984
  2. California v. CiraoloSupreme Court of the United States · 1986
  3. Gasset v. StateDistrict Court of Appeal of Florida · 1986
  4. Kishel v. StateDistrict Court of Appeal of Florida · 1974

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