State of Florida v. Ricky Alphonso Rand

ON MOTION FOR REHEARING

OSTERHAUS, J.

Ricky Rand seeks rehearing on the basis that we incorrectly relied on objected-to, hearsay testimony of a police officer in reversing the trial court’s decision to suppress evidence in his case. We agree and grant his motion for rehearing, vacate the *662previous panel opinion, and replace it with this opinion affirming the trial court’s decision.

I

A Duval County middle school invited the public to use its campus track anytime except for during school hours. It posted signs on the fence saying as much in all capital letters. And it left the gate open to the…