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STATE v. O.S.

No. 4D99-4153.

767 So.2d 509 (2000)

STATE of Florida, Appellant, v. O.S., a child, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied September 28, 2000.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Gary K. Milligan, Assistant Attorney General, Fort Lauderdale, for appellant.

Richard L. Jorandby, Public Defender, and Cherry Grant, Assistant Public Defender, West Palm Beach, for appellee.

WARNER, C.J.

The trial court granted a motion to suppress, finding that there was no reasonable suspicion to stop the appellant. We reverse based on State v. Roux, 702 So.2d 240, 241 (Fla. 5th DCA 1997), which holds that even where an agent illegally detains a defendant, a battery committed on the officer constitutes probable cause for arrest, and drugs seized in a search incident to the arrest should not have been suppressed...

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