Andre Frost v. State
Annotate this Case
Download PDF
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2012 ANDRE FROST, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D09-3561 [August 1, 2012] ON REMAND FROM THE SUPREME COURT PER CURIAM. We reconsider this case based on the mandate from the Supreme Court in Frost v. State, 2012 WL 1123734 (Fla. 2012), to apply Harris v. State, 71 So. 3d 756 (Fla. 2011), cert. granted, 132 S. Ct. 1796 (2012). Based on Harris, we reverse the conviction and remand to the circuit court for further proceedings. The circuit court shall hold another evidentiary hearing on the motion to suppress, where the State may offer additional evidence in compliance with the standards adopted by the Supreme Court in Harris. If the court decides that the State has not demonstrated that there was a reasonable basis for believing the dog to be reliable based on the totality of the circumstances under the Harris guidelines, it should grant the motion to suppress. Id. at 758. Reversed and remanded for further proceedings. STEVENSON, GROSS and TAYLOR, JJ., concur. * * * Appeal from the Circuit Court for the Nineteenth Judicial Circuit, Okeechobee County; Lawrence Mirman, Judge; L.T. Case No. 2007CF922. Carey Haughwout, Public Defender, and Tatjana Ostapoff, Assistant Public Defender, West Palm Beach, for appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Melanie Dale Surber, Assistant Attorney General, West Palm Beach, for appellee. -2-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
