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Parks & Braxton filed a pretrial motion to suppress the evidence. In
our motion we alleged that under Florida Statute 910.15, when there is
no crash, an officer must observe every element of a misdemeanor crime
for the arrest to be lawful. Here, the Tampa officer was outside his jurisdiction,
thus he was considered a civilian. The Clearwater officer never saw the
defendant behind the wheel. Therefore, the DUI arrest was unlawful. Prior
to the motion hearing, the State dropped the DUI.
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