STATE v. KASPARIAN

No. 4D05-3671.

937 So.2d 1273 (2006)

STATE of Florida, Appellant, v. Gary KASPARIAN, Appellee.

District Court of Appeal of Florida, Fourth District.

October 4, 2006.


Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Sue-Ellen Kenny, Assistant Attorney General, West Palm Beach, for appellant.

Carey Haughwout, Public Defender, and John M. Conway, Assistant Public Defender, West Palm Beach, for appellee.


WARNER, J.

The state appeals an order suppressing drugs dropped by the defendant upon being approached by officers. The trial court suppressed the evidence on the ground that the officers' "show of authority" constituted an invalid stop. We hold that the officers' conduct did not constitute a stop of the defendant. Because the defendant dropped the drugs prior to any stop, the court erred in granting the motion to suppress.

At the suppression hearing, the...

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