State v. Conde

Florida District Courts of Appeal
State v. Conde, 924 So. 2d 897 (2006)
2006 Fla. App. LEXIS 3296; 2006 WL 544503
Hazouri, Klein, Warner

State v. Conde

Opinion of the Court

KLEIN, J.

This is an appeal from anβ€˜ order suppressing cocaine which the defendant dropped while running from the police. Although the police did not have reasonable suspicion to stop the defendant, there is no evidence to support the only basis for suppression, that the illegal stop occurred before the drop. Because the stop did not occur until the police caught up with defendant, after he dropped the cocaine, the seizure of the cocaine was lawful. California v. Hodari D., 499 U.S. 621, 111 S.Ct. 1547, 113 L.Ed.2d 690 (1991); Johnson v. State, 640 So.2d 136 (Fla. 4th DCA 1994).

Reversed.

WARNER and HAZOURI, JJ., concur.

Reference

Full Case Name
STATE of Florida v. Mitchel CONDE
Cited By
1 case
Status
Published