From Casetext: Smarter Legal Research

State v. Jackson

District Court of Appeal of Florida, Second District
Dec 23, 1992
609 So. 2d 181 (Fla. Dist. Ct. App. 1992)

Opinion

No. 92-01585.

December 23, 1992.

Appeal from the Circuit Court for Hillsborough County; Diana M. Allen, Judge.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Ron Napolitano, Asst. Atty. Gen., Tampa, for appellant.

James Marion Moorman, Public Defender, and John S. Lynch, Asst. Public Defender, Bartow, for appellee.


The State of Florida appeals an order granting suppression of evidence. At the suppression hearing the evidence showed that as Tampa police officers arrived at a locale known for chronic drug dealing activity, the appellee and a companion took flight from the scene. During the ensuing chase, the officer pursuing the appellee saw him toss away an object which was, as described by the officer, big and dark. After the officer apprehended the appellee, a search of the vicinity where the object had been dropped resulted in discovery of a handgun which was the subject of the motion to suppress.

Based upon the above facts, we find this case indistinguishable from California v. Hodari D., 499 U.S. ___, 111 S.Ct. 1547, 113 L.Ed.2d 690 (1991), and State v. Wilson, 595 So.2d 1106 (Fla. 1st DCA 1992). Accordingly, we reverse the grant of suppression and remand this case for further proceedings.

DANAHY, A.C.J., HALL, J., and ROBERTS, SUSAN W., Associate Judge, concur.


Summaries of

State v. Jackson

District Court of Appeal of Florida, Second District
Dec 23, 1992
609 So. 2d 181 (Fla. Dist. Ct. App. 1992)
Case details for

State v. Jackson

Case Details

Full title:STATE OF FLORIDA, APPELLANT, v. THEODORE JACKSON, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Dec 23, 1992

Citations

609 So. 2d 181 (Fla. Dist. Ct. App. 1992)