Legal Opinion

BENEMERITO v. State

District Court of Appeal of Florida

Decided February 24, 2010No. 4D09-558PublishedCited by 3 opinions

1Opinion of the CourtMay, J.

The defendant appeals her conviction and sentence for possession of cocaine with intent to deliver. She argues the trial court erred in denying her motion to suppress. We agree and reverse.

On May 7, 2008, an officer was patrolling the parking lot of Walgreens due to numerous complaints of drug transactions at the store and surrounding area. While on duty, the officer observed a parked vehicle at the entrance of the pharmacy. Thereafter, a truck entered the parking lot and parked a few spaces away from the vehicle under observation.

The defendant then entered the lot and parked her vehicle near…

Also in this document: Concurrence.

2Cases cited3 opinions

  1. Lee v. StateDistrict Court of Appeal of Florida · 2004
  2. Santiago v. StateDistrict Court of Appeal of Florida · 2006
  3. J.J.V. v. StateDistrict Court of Appeal of Florida · 2009

3Cited by3 opinions

  1. May v. StateDistrict Court of Appeal of Florida · 2012
  2. BENEMERITO v. StateDistrict Court of Appeal of Florida · 2010
  3. State v. M.R.District Court of Appeal of Florida · 2012

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