579 So. 2d 902 - State v. Arnold

How this case has been cited

Cited by 26 later decisions — most recently August 2011 · most notably Gibbs v. Gibbs (1996), 854 So. 2d 262 - Cooper v. Gress (2003)

26 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1ON MOTION FOR REHEARING AND MOTION FOR REHEARING EN BANC

PER CURIAM.

¶2Although we deny appellee’s motion for rehearing, we substitute this opinion for the opinion issued January 31, 1990:

¶3Upon the motion for rehearing and motion for rehearing en banc filed by appellee, this court voted to consider the issue en banc. We have now reviewed the opinion of the United States Supreme Court in California v. Hodari, — U.S.-, 111 S.Ct. 1547, 113 L.Ed.2d 690 (1991), which we find dispositive.

¶4Accordingly, the court voted to dis-en banc. Appellee’s motion for rehearing is denied, the order of the trial court suppressing the evidence is reversed and the cause remanded for further proceedings.

DELL and POLEN, JJ., concur. GARRETT, J., concurs specially with opinion. GARRETT, Judge,

¶5concurs specially.

¶6Simply put, appellee chose to flee from the orchard with the fruit before the tree became poisonous. See Wong Sun v. United States, 371 U.S. 471, 83 S.Ct. 407, 9 L.Ed.2d 441 (1963).

¶7While conducting a drug sweep in a residential area known for crack cocaine dealing, police officers approached a group of people that included appellee. The group was standing in front of an apartment complex and did not appear to be involved in any illegal activity. At the sight of the approaching officers, the group scattered. One of the officers began chasing appellee and another assisted in the chase. Deputy Trawinski testified his usual procedure at that point would be to yell, “Sheriff’s Department. Stop.” During the chase, Deputy Barnhouse saw appellee throw a paper bag onto an apartment roof. When one of the officers retrieved the bag, he found it contained individually wrapped cocaine base rocks. The officers arrested appellee and found money on his person.