Murtha v. State

NESBITT, Judge.

The defendant appeals a conviction for grand theft contending that the trial court erred in denying his motion to suppress the physical evidence upon which his conviction was based. We agree and reverse.

A citizen advised a Miami Beach patrolman that the defendant was weaving erratically between towels and people bathing on the beach. The officer observed the defendant who was wearing bathing trunks and carrying a beach towel. His trunks were so obviously large for him that he had to hold them up with his hand.

At that point, the officer walked toward the defendant and motioned…