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State v. Fortunato

District Court of Appeal of Florida, Fourth District
Jul 3, 1991
581 So. 2d 651 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-2555.

July 3, 1991.

Appeal from the Circuit Court for Broward County; Robert B. Carney, Judge.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Don M. Rogers, Asst. Atty. Gen., West Palm Beach, for appellant.

Martin I. Jaffe, Becker Poliakoff, P.A., and Richard L. Rosenbaum, Fort Lauderdale, for appellee.


The trial court in this case suppressed cocaine seized as evidence. The officer stopped appellee without probable cause (conceded by the state). Appellee dropped the cocaine after the stop and after he was ordered to lie on the ground by the officer who had his gun pointed at appellee. We affirm based on Spann v. State, 529 So.2d 825 (Fla. 4th DCA 1988) as this is a "stop then drop case." The state's reliance on California v. Hodari, ___ U.S. ___, 111 S.Ct. 1547, 113 L.Ed.2d 690 (1990), which has been followed in Smith v. State, 579 So.2d 417 (Fla. 4th DCA 1991); McCord v. State, 578 So.2d 908 (Fla. 4th DCA 1991); and State v. Arnold, 579 So.2d 902 (Fla. 4th DCA 1991) is misplaced because those cases are all "drop then stop" cases.

However, we note express and direct conflict with State v. Oliver, 368 So.2d 1331 (Fla. 3rd DCA 1979) and State v. Perez, 15 F.L.W. 1355 (Fla. 3rd DCA May 15, 1990).

Affirmed.

LETTS, STONE and WARNER, JJ., concur.


Summaries of

State v. Fortunato

District Court of Appeal of Florida, Fourth District
Jul 3, 1991
581 So. 2d 651 (Fla. Dist. Ct. App. 1991)
Case details for

State v. Fortunato

Case Details

Full title:STATE OF FLORIDA, APPELLANT, v. GEORGE FORTUNATO, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Jul 3, 1991

Citations

581 So. 2d 651 (Fla. Dist. Ct. App. 1991)

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