STATE V. D.E.R.

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2004 THE STATE OF FLORIDA, ** Appellant, vs. ** ** D.E.R., a juvenile, CASE NO. 3D04-922 ** Appellee. ** LOWER TRIBUNAL NO. 04-674 ** Opinion filed December 1, 2004. An Appeal from the Circuit Court for Miami-Dade County, Mindy Glazer, Judge. Charles J. Crist, Jr., Attorney General, Barker, Assistant Attorney General, for appellant. Bennett H. Brummer, Public Defender, Assistant Public Defender, for appellee. and and Robert John D. Kalter, Before GREEN, FLETCHER, and RAMIREZ, JJ. PER CURIAM. Based upon our conclusion that the record evidence fully supports the trial court s finding that the police lacked reasonable suspicion to conduct a pat down search of the appellee/juvenile, we affirm the order granting the motion to suppress. See Ray v. State, 849 So. 2d 1222 (Fla. 4th DCA 2003); Coleman v. State, 723 So. 2d 387 (Fla. 2d DCA 1999); E.H. v. State, 593 So. 2d 243 (Fla. 5th DCA 1997). Affirmed. 2

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