State v. Proctor

The State of Florida appeals the trial court’s order granting Richard Anthony Proctor’s motion to suppress evidence seized during a traffic stop. The State argues the trial court erred as a matter of law when it required the State to prove that the traffic stop was not pretextual. We agree and reverse.

*410The following facts were adduced at the hearing. Around 3:00 a.m., Officer Lovett observed Proctor’s vehicle traveling in the left-hand lane of the eastbound lanes of Old Winter Garden Road. Proctor’s right tires were on the line dividing the left and right lanes, but most of his vehicle was in…