Legal Opinion

Rozier v. State

District Court of Appeal of Florida

Decided February 20, 1979No. 77-2639PublishedCited by 3 opinions

1Opinion of the Court

SCHWARTZ, Judge.

Rozier appeals his conviction for the possession of controlled substance paraphernalia. He pled nolo contendere below, reserving the right to challenge the court’s denial *380of his motion to suppress the paraphernalia — a hypodermic needle and bottle cap “cooker” — which had been secured by a search of his person after an arrest on an outstanding bench warrant. We hold that the motion to suppress should have been granted because the police officers’ initial stop of the defendant, which resulted in the arrest, was based on no more than a “bare suspicion of illegal activity” rather…

2Cases cited4 opinions

  1. Mullins v. StateSupreme Court of Florida · 1978
  2. Parker v. StateDistrict Court of Appeal of Florida · 1978
  3. State v. BrooksDistrict Court of Appeal of Florida · 1973
  4. Jackson v. StateDistrict Court of Appeal of Florida · 1975

3Cited by3 opinions

  1. State v. FriersonSupreme Court of Florida · 2006
  2. Hernandez v. StateDistrict Court of Appeal of Florida · 1999
  3. Reagan v. StateDistrict Court of Appeal of Florida · 1995

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