A.G., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that the cocaine was not the product of an illegal stop because the defendant voluntarily abandoned the bag.
Police observed A.G. and another individual exchanging money, suspected a drug transaction, and attempted to detain them. A.G. fled, discarding a bag …
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PER CURIAM.
A.G. pled no contest to the petition for delinquency, reserving his right to appeal denial of his motion to suppress. We affirm.
Police officers observed A.G. and another male exchange money outside a grocery store. Suspecting that they were observing a drug transaction, the officers attempted to detain A.G. and the other individual by shouting “police.” A.G. threw down a paper bag and fled. The bag contained cocaine. A petition for delinquency was filed, charging A.G. with possession of cocaine with intent to sell. See § 893.13, Fla.Stat. (1987).
A.G. moved to suppress the cocaine, arguing that it was the product of an illegal stop, or attempted stop, by the police. The State conceded that the officers did not have a founded suspicion to support a stop under section 901.151, Florida Statutes (1987), but argued that there had been a voluntary abandonment of the bag by A.G. The trial court so ruled.
Based on the controlling and indistinguishable authority of State v. Oliver, 368 So. 2d 1331 (Fla. 3d DCA 1979), cert. dismissed, 383 So. 2d 1200 (Fla.1980), and State v. Perez, 15 F.L.W. D1355, No. 89-2024, — So. 2d - (Fla. 3d DCA May 15, 1990) (harmonizing Oliver with Monahan v. State, 390 So. 2d 756 (Fla. 3d DCA 1980), review denied, 399 So. 2d 1146 (Fla.1981)), we affirm. As we did in Perez, we certify express and direct conflict with Spann v. State, 529 So. 2d 825 (Fla. 4th DCA 1988).
Affirmed.
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Curry v. State, 570 So. 2d 1071 (Fla. 5th DCA 1990)…e the dropping of the cocaine gave the police valid grounds to stop and arrest. This is a difference, but one we think is of little substance or consequence. We choose to follow State v. Oliver, 368 So. 2d 1331 (Fla. 3d DCA 1979) and A.G. v. State, 562 So. 2d 400 (Fla. 3d DCA 1990), which we think states the better rule. In Oliver, as well as A. G., the police ordered the defendants to “Stop, police,” under circumstances which gave the police no founded suspicion to make an investigatory stop. In response, t…
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State v. Edwards, 589 So. 2d 464 (Fla. 5th DCA 1991)…PER CURIAM. We reverse the order of the trial court granting appellee’s motion to suppress. See California v. Hodari D., — U.S. -, 111 S.Ct. 1547, 113 L.Ed.2d 690 (1991); Curry v. State, 570 So. 2d 1071 (Fla. 5th DCA 1990); A.G. v. State, 562 So. 2d 400 (Fla. 3d DCA 1990); State v. Oliver, 368 So. 2d 1331 (Fla. 3d DCA 1979), cert. dismissed, 383 So. 2d 1200 (Fla.1980). REVERSED and REMANDED. COBB, HARRIS and DIAMANTIS, JJ., concur.…
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Green v. State, 591 So. 2d 1159 (Fla. 5th DCA 1992)…ity of California v. Hodari D., — U.S. -, 111 S.Ct. 1547, 113 L.Ed.2d 690 (1991); Curry v. State, 570 So. 2d 1071 (Fla. 5th DCA 1990); State v. Oliver, 368 So. 2d 1331 (Fla. 3d DCA 1979), cert. dis’m., 383 So. 2d 1200 (Fla. 1980) and A. G. v. State, 562 So. 2d 400 (Fla. 3d DCA 1990); State v. Perez, 592 So. 2d 1099 (Fla. 3d DCA 1990), juris, accepted, 570 So. 2d 1305 (Fla.1990); Butler v. State, 579 So. 2d 890 (Fla. 3d DCA 1991); and State v. Arnold, 579 So. 2d 902 (Fla. 4th DCA 1991) (on rehearing). AFFIRM…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Oliver, 368 So. 2d 1331 (Fla. 3d DCA 1979)
- Spann v. State, 529 So. 2d 825 (Fla. 4th DCA 1988)
- Markham v. Laurendine, 390 So. 2d 756 (Fla. 1st DCA 1980)
- Monahan v. State, 390 So. 2d 756 (Fla. 3d DCA 1980)