Sears v. State

585 So. 2d 1020, 1991 Fla. App. LEXIS 8524, 1991 WL 159159
District Court of Appeal of Florida·Decided August 22, 1991·No. No. 90-2594·Published·Cited by 2 cases

Opinion

PER CURIAM.

The issue on this appeal is whether incul-patory evidence inadvertently (or deliberately) dropped on the ground by the appellant after an illegal detention without a founded suspicion of criminal activity requires suppression of that evidence. We conclude that the answer is no. See Curry v. State, 570 So.2d 1071 (Fla. 5th DCA 1990); State v. Oliver, 368 So.2d 1331 (Fla. 3d DCA 1979), cert. dismissed, 383 So.2d 1200 (Fla.1980). See also, California v. Hodari D., — U.S. -, 111 S.Ct. 1547, 113 L.Ed.2d 690 (1991).

AFFIRMED.

COBB, W. SHARP and DIAMANTIS, JJ., concur.

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Sears v. State, 585 So. 2d 1020, 1991 Fla. App. LEXIS 8524, 1991 WL 159159 (Fla. Ct. App. 1991).

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