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EVANS v. STATE

No. 89-204.

546 So.2d 1125 (1989)

Edwin Anthony EVANS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

July 18, 1989.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and N. Joseph Durant, Jr., Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen. and Joni B. Braunstein, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and BASKIN and FERGUSON, JJ.

SCHWARTZ, Chief Judge.

Without probable cause or reasonable suspicion, Officer Picallo confronted Evans sitting on a park bench at 4 o'clock in the morning. After he "asked" the defendant to take his hands out of his pockets, for, as Picallo stated, "[the officer's] own safety," Evans did so and a small packet of cocaine dropped to the ground.1 The cocaine was not but should have been suppressed below. Given the realties of the situation...

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