Legal Opinion

State v. Flowers

District Court of Appeal of Florida

Decided September 19, 2014No. 5D13-2033Published

1Per curiam

The State of Florida appeals the trial court’s order granting Corey Lamar Flowers’ motion to suppress a firearm. Because the record in this case clearly establishes that Flowers was not “seized” within the meaning of the Fourth Amendment prior to him discarding the firearm, we reverse and remand for entry of an order denying the motion to suppress.1 See California v. Hodari D., 499 U.S. 621, 626, 629, 111 S.Ct. 1547,113 L.Ed.2d 690 (1991) (finding that cocaine abandoned while Ho-dari was running from police was not the fruit of a seizure; and holding that for a seizure to have occurred,…

2Cases cited4 opinions

  1. California v. Hodari D.Supreme Court of the United States · 1991
  2. Perez v. StateSupreme Court of Florida · 1993
  3. State v. GreenDistrict Court of Appeal of Florida · 1992
  4. State v. LeonardDistrict Court of Appeal of Florida · 2012

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