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STATE v. FORTUNATO

No. 90-2555.

581 So.2d 651 (1991)

STATE of Florida, Appellant, v. George FORTUNATO, Appellee.

District Court of Appeal of Florida, Fourth District.

July 3, 1991.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Don M. Rogers, Asst. Atty. Gen., West Palm Beach, for appellant.

Martin I. Jaffe, Becker & Poliakoff, P.A., and Richard L. Rosenbaum, Fort Lauderdale, for appellee.

PER CURIAM.

The trial court in this case suppressed cocaine seized as evidence. The officer stopped appellee without probable cause (conceded by the state). Appellee dropped the cocaine after the stop and after he was ordered to lie on the ground by the officer who had his gun pointed at appellee. We affirm based on Spann v. State, 529 So.2d 825 (Fla. 4th DCA 1988) as this is a "stop then drop case." The state's reliance...

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