Sites v. State

This is an appeal from the denial of a motion to suppress and a judgment and sentence. We reverse and remand.

Appellant was asleep in his car, which was lawfully parked along a road near a bridge about 10:00 or 11:00 p.m. Officer Touchberry, having been with the Yero Beach Police Department for a year and a half, noticed the car and thought it was fire-gutted. When he approached the car, he realized that it was not, but rather tape around the rear window gave it that appearance. He was curious about the car being parked there, so he approached the car, saw appellant asleep across the two front…