Ealy v. State

Following his no-contest plea reserving the right to appeal a dispositive ruling, appellant seeks review of the trial court’s denial of his motion to suppress. We are unable to distinguish the operative factors in this case from those present in Harvey v. State, 703 So.2d 1113 (Fla. 1st DCA 1997), in which this court reversed a trial court’s denial of a motion to suppress:

It is clear to us that the arresting officer in the case at bar was more determined to search appellant’s person to discover what had been hidden rather than to determine whether appellant was armed, which is the singular…