M.J.S. v. State

PATTERSON, Judge.

The appellant challenges the trial court’s denial of his motion to suppress. He argues that the evidence was obtained during an illegal search and seizure. We agree and reverse.

The testimony at the suppression hearing reveals that Officer Michael Samms of the Lakeland Police Department approached *1081the appellant, who was standing on the porch of a house under surveillance for drug activity. The appellant was startled by the officer’s appearance and attempted to conceal something in his mouth. The officer put his hand on the appellant’s shoulder and told the appellant that if he…