Legal Opinion

State v. Conde

District Court of Appeal of Florida

Decided March 8, 2006No. 4D05-2245PublishedCited by 1 opinion

1Opinion of the CourtKlein, J.

This is an appeal from an‘ 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…

2Cases cited2 opinions

  1. California v. Hodari D.Supreme Court of the United States · 1991
  2. Johnson v. StateDistrict Court of Appeal of Florida · 1994

3Cited by1 opinion

  1. Williams v. StateDistrict Court of Appeal of Florida · 2006

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