State v. Gibbons

LEHAN, Chief Judge.

In this case in which defendant was charged with, among other things, loitering and prowling in violation of section 856.021, Florida Statutes (1989), the state appeals the trial court’s order granting defendant’s motion to suppress. We reverse.

The facts, as adduced from the testimony of Officer Whetstone, the only person to testify at the suppression hearing, are as follows. Officer Whetstone testified that he was acting in response to a BOLO, after a complainant had spotted a tall black male, with a large build, dark clothing, and carrying a large black bag, in the…