STATE v. DOWNER

No. 4D00-2174.

789 So.2d 1208 (2001)

STATE of Florida, Appellant, v. Christopher DOWNER, Appellee.

District Court of Appeal of Florida, Fourth District.

July 18, 2001.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee and Michael J. Neimand, Assistant Attorney General, West Palm Beach, for appellant.

Carey Haughwout, Public Defender, and Louis G. Carres, Assistant Public Defender, West Palm Beach, for appellee.


WARNER, J.

The state appeals the suppression of evidence in a possession of cocaine prosecution. In this case, the law enforcement officers approached appellee and either asked or demanded to see what was in his hand. Appellee responded by hitting one of the officers. During the ensuing scuffle, the cocaine was dropped and then recovered by the officers. We reverse the order of suppression. Even if the initial contact by the officers was unauthorized or illegal, appellee...

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