Opinion
No. 90-2594.
August 22, 1991. Rehearing Denied October 3, 1991.
Appeal from the Circuit Court for Brevard County; John Dean Moxley, Judge.
James B. Gibson, Public Defender, and Michael S. Becker, Asst. Public Defender, Daytona Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Robin Compton Jones, Asst. Atty. Gen., Daytona Beach, for appellee.
The issue on this appeal is whether inculpatory 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.