Lugo v. State

After reserving the right to appeal the trial court’s denial of his motion to suppress, Joseph Lugo pled no contest to possession of a controlled substance. He contends that the court should have suppressed the evidence discovered following an illegal detention. We agree, and remand with directions to discharge Lugo.

During a crowded special event in Daytona Beach, Lugo was walking with a group of men on the sidewalk along Highway A1A while Officer Cerce, a Daytona Beach police officer, directed traffic in the middle of the five-lane roadway. Officer Cerce noticed that the group of men,…