State v. Clarke

The State appeals the trial court’s order granting Hernando Pelecio Clarke’s motion to suppress. Because the trial court erred when it concluded that the law enforcement officer did not have probable cause to stop Clarke, an issue not contested below, we reverse and remand for consideration of the actual issues raised by the parties.1 See State v. Johns, 920 So.2d 1156, 1158 (Fla. 2d DCA 2006) (reversing order granting motion to suppress, but remanding for further consideration because the trial court did not address whether the defendant’s consent was voluntary).

REVERSED and REMANDED.

ORFINGER…