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Abdullah v. State

Citations: 745 So. 2d 582; 1999 Fla. App. LEXIS 16718; 1999 WL 1136641Docket: No. 98-4558

Court: District Court of Appeal of Florida; December 13, 1999; Florida; State Appellate Court

Narrative Opinion Summary

The trial court's order denying the appellant's motion to suppress a bag of cannabis, which he discarded into a tree while fleeing from police, is affirmed. The court applies the theory of abandonment as established in relevant case law, including California v. Hodari D. and Florida cases such as Perez v. State and State v. Bartee. Although the appellant may have initially been stopped and seized illegally, the legal seizure was considered terminated once he fled from police. Consequently, the cannabis bag was not "discarded" while he was under Fourth Amendment seizure, as clarified in Johnson v. State. The ruling is supported by comparisons to similar cases. The decision is unanimously affirmed by the judges.

Legal Issues Addressed

Interpretation of 'Discarded' in Seizure Context

Application: The decision clarified that the cannabis was not discarded while the appellant was under Fourth Amendment seizure, aligning with interpretations from previous cases.

Reasoning: Consequently, the cannabis bag was not 'discarded' while he was under Fourth Amendment seizure, as clarified in Johnson v. State.

Termination of Fourth Amendment Seizure

Application: The court determined that the appellant's initial unlawful stop and seizure were terminated when he fled, rendering the subsequent discovery of the cannabis lawful.

Reasoning: Although the appellant may have initially been stopped and seized illegally, the legal seizure was considered terminated once he fled from police.

Theory of Abandonment in Fourth Amendment Seizures

Application: The court held that the appellant's act of discarding a bag of cannabis while fleeing from police constituted abandonment, thus making the seizure lawful.

Reasoning: The court applies the theory of abandonment as established in relevant case law, including California v. Hodari D. and Florida cases such as Perez v. State and State v. Bartee.