Dempsey v. State

KAHN, Judge.

Appellant Lonnie Raye Dempsey seeks review of an order that partially denied his motion to suppress cocaine found inside a hotel room. The trial court found that the police had conducted an illegal search of the room and therefore suppressed contraband recovered inside the hotel room. The trial court denied suppression, however, to contraband that appellant picked up and threw over a balcony. The State argued that the contraband that appellant threw over the balcony was not subject to suppression, relying upon the abandonment theory of California v. Hodari D., 499 U.S. 621, 111…