HASAN N. ABDULLAH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We affirm the trial court’s order denying appellant’s motion to suppress the bag of cannabis, which he threw into a tree as he fled the police, under the theory of abandonment. See California v. Hodari D., 499 U.S. 621, 111 S.Ct. 1547, 113 L.Ed.2d 690 (1991); Perez v. State, 620 So. 2d 1256 (Fla.1993); State v. Bartee, 623 So. 2d 458 (Fla.1993). Although appellant may have been illegally stopped and thereafter seized as a result of his initial submission to police authority, the seizure was terminated once he ran from the police. Therefore, the bag he threw while fleeing was not discarded at the time appellant was “seized” within the meaning of the Fourth Amendment. See Johnson v. State, 689 So. 2d 376 (Fla. 4th DCA 1997). Compare Hollinger v. State, 620 So. 2d 1242 (Fla.1993).
AFFIRMED.
BARFIELD, C.J., and ERVIN and WOLF, JJ., CONCUR.
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Citator
Cited By
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Huffman v. State, 937 So. 2d 202 (Fla. 1st DCA 2006)…rack” cocaine and an alleged “pipe used for smoking crack.” In support of his motion, Huffman cited, as pertinent to the issues, Coney v. State, 820 So. 2d 1012 (Fla. 2d DCA 2002); State v. A.M., 788 So. 2d 398 (Fla. 3d DCA 2001); Abdullah v. State, 745 So. 2d 582 (Fla. 1st DCA 1999); and Burnette v. State, 658 So. 2d 1170 (Fla. 2d DCA 1995). The sole witness at the suppression hearing was Lt. Jimmy Anderson, a member of the Chief-land Police Department. Finding that the officer had sufficient lawful grounds…
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State v. Smith, 850 So. 2d 565 (Fla. 2d DCA 2003)…avior, quickly walking away while forcefully shoving his hand into his pocket and looking surprised, was “equally unusual, suspicious behavior” that justified the stop. Id. However, even if the stop was not justified, pursuant to Abdullah v. State, 745 So. 2d 582 (Fla. 1st DCA 1999), once Smith began to run, the seizure was terminated, so that whatever he dropped was considered abandoned and therefore admissible. The officer here testified that as he told Smith to stop, Smith simultaneously began to run, dro…
Authorities Cited
- California v. Hodari D., 499 U.S. 621 (U.S. 1991)
- Dykstra-Gulick v. Gulick, 620 So. 2d 1256 (Fla. 1993)
- Hollinger v. State, 620 So. 2d 1242 (Fla. 1993)
- State v. Bartee, 623 So. 2d 458 (Fla. 1993)
- Johnson v. State, 689 So. 2d 376 (Fla. 4th DCA 1997)