M.T.M., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1998-02-04
No. 97-1840
Before GERSTEN, FLETCHER and SORONDO, JJ.
717 So. 2d 547 Florida District Court of Appeal, Third District (1998) Caution
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Upon the State’s proper confession of error, we reverse the trial court’s denial of the motion to suppress evidence filed by the juvenile M.T.M. The anonymous tip in this case, standing alone and uncorroborated by other criminal activity involving the juvenile, was insufficient to raise a reasonable suspicion that a crime had occurred. See Pinkney v. State, 666 So. 2d 590 (Fla. 4th DCA 1996). In absence of such a reasonable suspicion, the investigatory stop of the juvenile was improper and the evidence seized as a result of the stop should have been suppressed.

Reversed and remanded for further consistent proceedings.


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    …ading the court. However, the court was not misled as to the second-degree felony of grand theft over $20,000 and could have sentenced Migdal to fifteen years for that felony but specifically elected not to do so. The state cites to Grage v. State, 717 So. 2d 547 (Fla. 5th DCA 1998), for support. Grage, however, involved an appeal of the denial of a motion for postconviction relief. In that case, Grage was sentenced to time served in one case and to ten years as a habitual felony offender in the second case.…
  • Poitier v. State, 844 So. 2d 707 (Fla. 2d DCA 2003)
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