State v. Carter

Appellee, Douglas Carter, was charged with driving under the influence in violation of section 316.193, Florida Statutes (1989). Appellee, contending his initial traffic stop was invalid, sought to suppress evidence seized after the stop. The trial court denied the motion to suppress. The circuit court, sitting in its review capacity, found the stop pretextual. In a split opinion reversing the trial court, the circuit court suppressed the evidence.

Appellant, the State of Florida, appeals the circuit court’s suppression of the evidence, claiming that the suppression constitutes a departure…