State v. Perez, No. 89-2024

CourtCourt of Appeal of Florida (US)
Writing for the CourtCOPE
Citation592 So.2d 1099
PartiesThe STATE of Florida, Appellant, v. Antonio PEREZ, Appellee. 592 So.2d 1099, 15 Fla. L. Week. D1355
Decision Date15 May 1990
Docket NumberNo. 89-2024

Page 1099

592 So.2d 1099
The STATE of Florida, Appellant,
v.
Antonio PEREZ, Appellee.
No. 89-2024.
592 So.2d 1099, 15 Fla. L. Week. D1355
District Court of Appeal of Florida,
Third District.
May 15, 1990.

Robert A. Butterworth, Atty. Gen., and Joan L. Greenberg, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender, and Howard K. Blumberg, Asst. Public Defender, for appellee.

Before HUBBART, COPE and LEVY, JJ.

COPE, Judge.

The State appeals an order suppressing a handgun seized by the police. We reverse.

Two uniformed City of Miami police officers were on patrol in an area known to be high in narcotics activity. They observed Perez and another male, who appeared to be passing an object between them. Believing that the two might be engaging in a narcotics transaction, one officer exited the police car and started to walk toward Perez. He either told Perez to freeze, or to stop. Perez fled on foot and the officer chased him. Perez ran into an alley while pulling something from his waistband. The officer heard a loud, metallic noise of something dropping in the alley. The officer caught Perez who, after being given Miranda warnings, 1 volunteered that he became nervous and ran "because he knew the gun that he had was stolen." A revolver was recovered in the alley. Perez was charged with carrying a concealed firearm and carrying a concealed firearm by a convicted felon. See Secs. 790.01, 790.23, Fla.Stat. (1987).

Perez moved to suppress the firearm and the statement he made to the officers. The trial court concluded, and the State concedes, that the police officers did not have a founded suspicion which would support an investigative stop of the defendant under section 901.151, Florida Statutes (1987). The court granted the motion to suppress on the authority of Monahan v. State, 390 So.2d 756 (Fla. 3d DCA 1980), review denied, 399 So.2d 1146 (Fla.1981), and Spann v. State, 529 So.2d 825 (Fla. 4th DCA 1988), reasoning that the abandonment of the firearm in the alleyway was a product of the officers' effort to make an illegal stop.

The present case is controlled by State v. Oliver, 368 So.2d 1331 (Fla. 3d DCA 1979), cert. dismissed, 383 So.2d 1200 (Fla.1980). There, the court stated:

"Admittedly, the cases here are in some conflict, but the weight of authority is that a person's otherwise voluntary abandonment of property cannot be tainted or made involuntary by a prior illegal police stop of such person.... Only when the...

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3 practice notes
  • Perez v. State, No. 76184
    • United States
    • United States State Supreme Court of Florida
    • June 24, 1993
    ...A. Butterworth, Atty. Gen., and Michael J. Neimand, Asst. Atty. Gen., Miami, for respondent. GRIMES, Justice. We review State v. Perez, 592 So.2d 1099 (Fla. 3d DCA 1990), because of certified conflict with Spann v. State, 529 So.2d 825 (Fla. 4th DCA 1988). We have jurisdiction under article......
  • Green v. State, No. 91-1065
    • United States
    • Court of Appeal of Florida (US)
    • January 24, 1992
    ...1331 (Fla. 3d DCA 1979), cert. dis'm., 383 So.2d 1200 (Fla.1980) and A.G. v. State, 562 So.2d 400 (Fla. 3d DCA 1990); State v. Perez, 592 So.2d 1099 (Fla. 3d DCA 1990), juris. accepted, 570 So.2d 1305 (Fla.1990); Butler v. State, 579 So.2d 890 (Fla. 3d DCA 1991); and State v. Arnold, 579 So......
  • State v. Bartee, 76960
    • United States
    • United States State Supreme Court of Florida
    • June 24, 1993
    ...Bartee, 568 So.2d 523 (Fla. 1st DCA 1990), in which the district court certified its decision as in direct conflict with State v. Perez, 592 So.2d 1099 (Fla. 3d DCA 1990), approved, 620 So.2d 1256 (Fla.1993) and State v. Arnold, No. 89-1549 (Fla. 4th DCA Jan. 31, 1990), withdrawn, 579 So.2d......
3 cases
  • Perez v. State, No. 76184
    • United States
    • United States State Supreme Court of Florida
    • June 24, 1993
    ...A. Butterworth, Atty. Gen., and Michael J. Neimand, Asst. Atty. Gen., Miami, for respondent. GRIMES, Justice. We review State v. Perez, 592 So.2d 1099 (Fla. 3d DCA 1990), because of certified conflict with Spann v. State, 529 So.2d 825 (Fla. 4th DCA 1988). We have jurisdiction under article......
  • Green v. State, No. 91-1065
    • United States
    • Court of Appeal of Florida (US)
    • January 24, 1992
    ...1331 (Fla. 3d DCA 1979), cert. dis'm., 383 So.2d 1200 (Fla.1980) and A.G. v. State, 562 So.2d 400 (Fla. 3d DCA 1990); State v. Perez, 592 So.2d 1099 (Fla. 3d DCA 1990), juris. accepted, 570 So.2d 1305 (Fla.1990); Butler v. State, 579 So.2d 890 (Fla. 3d DCA 1991); and State v. Arnold, 579 So......
  • State v. Bartee, 76960
    • United States
    • United States State Supreme Court of Florida
    • June 24, 1993
    ...Bartee, 568 So.2d 523 (Fla. 1st DCA 1990), in which the district court certified its decision as in direct conflict with State v. Perez, 592 So.2d 1099 (Fla. 3d DCA 1990), approved, 620 So.2d 1256 (Fla.1993) and State v. Arnold, No. 89-1549 (Fla. 4th DCA Jan. 31, 1990), withdrawn, 579 So.2d......

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