THURSTON MCCLAIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Abandonment Of Evidence cases and more on FLexlaw
PER CURIAM.
Appellant entered a plea of nolo conten-dere on the charge against him of possession of cocaine. He reserved his right to appeal the denial of his motion to suppress the cocaine that he dropped to the ground after being detained by investigatory officers. We do not agree with the trial judge that the evidence in this case leads to the conclusion that the “stop” of appellant was a consensual encounter. The facts did not give the officers a well-founded suspicion that appellant had committed, was in the process of committing or was about to commit a crime. Under these circumstances, we cannot conclude that appellant’s abandonment of the cocaine was a voluntary act not induced by his encounter with the officers.
We, therefore, must reverse. Anderson v. State, 576 So. 2d 319 (Fla. 2d DCA 1991). We certify the same question we certified in Anderson.
Reversed.
CAMPBELL, A.C.J., and THREADGILL and PATTERSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (26 total)
-
State v. Thurston McCLAIN, 591 So. 2d 614 (Fla. 1992)…PER CURIAM. The State seeks review of McClain v. State, 576 So. 2d 372 (Fla. 2d DCA 1991), in which the district court certified the same question of great public importance that was certified in Anderson v. State, 576 So. 2d 319 (Fla. 2d DCA 1991).* We recently answered the question in the affirmative in State v. Ande…
-
Holder v. Keller Kitchen Cabinets, 610 So. 2d 1264 (Fla. 1992)…ejxcept to the extent modification is permitted by Section 440.28, compensation orders are governed by the same principles of res judicata, estoppel by judgment, and the law of the case as are judgments of a court.” Caron v. Systematic Air Services, 576 So. 2d 372, 374 (Fla. 1st DCA 1991); see Hughes v. Denny’s Restaurant, 328 So. 2d 830, 838 (Fla.1976); Hodges v. State Road Dept., 171 So. 2d 523, 525 (Fla.1965); Power v. Joseph G. Moretti, Inc., 120 So. 2d 443, 445 (Fla.1960); Boston v. Budget Luxury Inns, 4…
-
Williams v. Kraft, Inc., 585 So. 2d 1120 (Fla. 1st DCA 1991)…, not those prevailing in September of 1988. Because the stipulation has no relevance to the computation of claimant’s wage loss benefits during the period in issue, I believe the judge erred in considering it. In Caron v. Systematic Air Services, 576 So. 2d 372 (Fla. 1st DCA 1991), Caron suffered severe head injuries in a compen-sable 1985 accident. He unsuccessfully made claim for an increase in attendant care benefits in 1987. The period for which the increase was claimed was April 1, 1987 through Novemb…
Previewing 3 of 26 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Anderson v. State, 576 So. 2d 319 (Fla. 2d DCA 1991)