State v. Carson

DANAHY, PAUL W., Senior Judge.

In this appeal, the State seeks reversal of the trial court’s order granting Johnny Carson’s motion to suppress. The State points out that McElwain v. State, 777 So.2d 987 (Fla. 2d DCA 2000), review denied, 786 So.2d 1189 (Fla.2001), on which the trial court relied in granting the motion, has been receded from in Watts v. State, 788 So.2d 1040 (Fla. 2d DCA 2001). We reverse on the basis of Watts.

At the motion to suppress hearing, the evidence showed that two officers approached Carson on bicycles and engaged him in conversation. They requested to perform a…