Papalas v. State

Appellant, Thalia Janet Papalas, pled nolo contendere to possession of cocaine, specifically reserving her right to appeal the denial of her motion to suppress the cocaine. Appellant argues on appeal that (1) the trial court erred in denying appellant’s motion to suppress and, (2) the seizure of cocaine was beyond the scope of a valid frisk pursuant to section 901.151, Florida Statutes. We hold that the trial court erred in denying appellant’s motion to suppress and reverse.

At 6:40 p.m. on April 22, 1993, Officer Van Nelson observed appellant stagger from the rear of a restaurant to First…