Florida District Courts of Appeal, 2001

State v. Downer

State v. Downer
Florida District Courts of Appeal · Decided July 18, 2001 · Gross, Stone, Warner
789 So. 2d 1208; 2001 Fla. App. LEXIS 9817; 2001 WL 802162 (Southern Reporter, Second Series)

State v. Downer

Opinion of the Court

WARNER, J.

The state appeals the suppression of evidence in a possession of cocaine prosecution. In this case, the law enforcement officers approached appellee and either asked or demanded to see what was in his hand. Appellee responded by hitting one of the officers. During the ensuing scuffle, the cocaine was dropped and then recovered by the officers. We reverse the order of suppression. Even if the initial contact by the officers was unauthorized or illegal, appellee had no right to commit a battery on the officer. Battery on a law enforcement officer is illegal. See § 784.07, Fla. Stat. (2000). Once appellee committed a battery on one of the officers, the officers had the lawful right to seize and arrest him. Evidence seized during a lawful arrest is not subject to suppression. See Lennear v. State, 784 So.2d 1181, 1183 (Fla. 5th DCA 2001); Reed v. State, 606 So.2d 1246, 1247 (Fla. 5th DCA 1992).

Reversed.

STONE and GROSS, JJ., concur.

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