STATE OF FLORIDA, APPELLANT,
v.
CHARLEMOND FLORIUS, APPELLEE

Fla. 4th DCA | 1989-10-11
No. 88-2048
ANSTEAD, GLICKSTEIN and WARNER, JJ., concur.
551 So. 2d 566 Florida District Court of Appeal, Fourth District (1989) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We reverse the suppression of the cocaine found as a result of the search of appellee’s bag, as the appellee denied ownership of the bag prior to the search. Since Appellee effectively abandoned the bag, the search of the bag was not unlawful and the evidence found therein was lawfully seized. State v. Brown, 412 So. 2d 24 (Fla. 4th DCA 1982); United States v. Carrasquilla, 877 F. 2d 73 (D.C.Cir.1989).

ANSTEAD, GLICKSTEIN and WARNER, JJ., concur.


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  • State v. Charlemond Florius, 587 So. 2d 1160 (Fla. 4th DCA 1991)
    …t. at 2387, 2388. In the instant case, the trial court found that there was no evidence of any intimidation exerted on the defendant. We therefore withdraw our opinion of July 5, 1990, 563 So. 2d 820, and reinstate our opinion of October 11, 1989, 551 So. 2d 566, reversing the suppression of evidence. [*1161] Reversed and remanded for further proceedings. GLICKSTEIN, C.J., and ANSTEAD and WARNER, JJ., concur.…

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