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State v. Gentry, Case No. 2D08-5477 (Fla. App. 6/24/2009) (Fla. App., 2009)

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STATE OF FLORIDA, Appellant, v. MICHAEL ALAN GENTRY, Appellee. Case No. 2D08-5477. District Court of Appeal of Florida, Second District. Opinion filed June 24, 2009. Appeal from the Circuit Court for Hillsborough County, Emmett Lamar Battles, Judge. Bill McCollum, Attorney General, Tallahassee, and Richard M. Fishkin, Assistant Attorney General, Tampa, for Appellant. James Marion Moorman, Public Defender, and Pamela H. Izakowitz, Assistant Public Defender, Bartow, for Appellee. VILLANTI, Judge. The State appeals the trial court’s order suppressing cocaine found during a search of Michael Gentry. It contends that the trial court improperly considered Gentry’s individual mental state when determining whether his encounter with the police constituted a seizure without reasonable suspicion...continue to full post

Full post as published by Florida Criminal Law Opinions on June 24, 2009 (boomark / email).