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STATE v. BATTIS

No. 2D05-2519.

926 So.2d 427 (2006)

STATE of Florida, Appellant, v. Arthur BATTIS III, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied April 28, 2006.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Helene S. Parnes, Assistant Attorney General, Tampa, for Appellant.

Elizabeth A. Beardsley of Escobar, Ramirez & Associates P.A., Tampa, for Appellee.

CANADY, Judge.

The State appeals a trial court order suppressing evidence in a prosecution against Arthur Battis for the charge of trafficking in cocaine. The trial court suppressed the evidence on the basis that Battis involuntarily abandoned the evidence during the course of an illegal stop. Based on the rationale of California v. Hodari D., 499 U.S. 621, 111 S.Ct. 1547, 113 L.Ed.2d 690 (1991), however, we conclude that the...

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