State v. Curry
| Decision Date | 01 July 1993 |
| Docket Number | No. 77684,77684 |
| Citation | 621 So.2d 410 |
| Parties | 18 Fla. L. Week. S396 STATE of Florida, Petitioner, v. Rufus Charles CURRY, Respondent. |
| Court | Florida Supreme Court |
Robert A. Butterworth, Atty. Gen., and Michelle Taylor, Asst. Atty. Gen., Tampa, for petitioner.
James Marion Moorman, Public Defender, and Timothy A. Hickey, Asst. Public Defender, Bartow, for respondent.
We have for review Curry v. State, 576 So.2d 890 (Fla. 2d DCA 1991), in which the district court held that the respondent's act of spitting out cocaine was the result of an officer's illegal detention, and, thus, the cocaine was subject to suppression. We have jurisdiction. Art. V, Sec. 3(b)(3), Fla. Const. Consistent with our recent decision in Hollinger v. State, 620 So.2d 1242 (Fla.1993), we approve the decision of the district court in this case.
It is so ordered.
To continue reading
Request your trial
-
Doe v. State
...to the State's assertion of authority. See California v. Hodari D., 499 U.S. 621, 111 S.Ct. 1547, 113 L.Ed.2d 690 (1991); State v. Curry, 621 So.2d 410 (Fla.1993); Hollinger v. State, 620 So.2d 1242 (Fla.1993). I do not read United States v. Dionisio, 410 U.S. 1, 93 S.Ct. 764, 35 L.Ed.2d 67......
-
State v. Williams, 2D99-2217.
... ... See United States v. Gilman, 684 F.2d 616, 619-20 (9th Cir.1982); State v. Anderson, 591 So.2d 611, 613 (Fla. 1992); Curry v. State, 576 So.2d 890, 892 (Fla. 2d DCA 1991), approved, 621 So.2d 410 (Fla.1993). Williams argues that the trial court here correctly suppressed the contraband because he did not abandon it 751 So.2d 172 voluntarily. We disagree. We hold that the officer acted lawfully, and thus did not "force" ... ...
-
Skinner v. State
...576 So.2d 890, 892 (Fla. 2d DCA 1991) (stating that evidence inextricably related to an illegal detention must be suppressed), aff'd, 621 So.2d 410 (Fla.1993). At the suppression hearing, Trooper James Brooker testified he had answered a dispatch reporting a traffic collision. By the time B......
-
Cowart v. State, 92-03404
... ... State, 576 So.2d 1361 (Fla. 2d DCA 1991) (defendant's running from high crime area at 3:00 a.m. did not give rise to well founded suspicion of criminal behavior); Curry v. State, 576 So.2d 890 (Fla. 2d DCA 1991) (no reasonable suspicion when group of males in drug area disperse at sight of police), approved, 621 So.2d 410 (Fla.1993). A person's tacit approval to be searched following an unlawful detention is presumed involuntary and will not, without more, "break ... ...