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STATE OF FLORIDA, Appellant, v. WAYNE JACOBS, Appellee.

PER CURIAM.

The state appeals an order granting defendant Wayne Jacobs' motion to suppress his arrest and any physical evidence which led to charges filed against him for possession of cocaine and tampering with evidence. The trial court's ruling comes to us with a presumption of correctness.McNamara v. State, 357 So.2d 410 (Fla. 1978). From the record before us, we find there was evidence to support the trial court's finding that the officer's consensual encounter with defendant turned into an unlawful seizure when the officer demanded (without basis in fear for his own safety) to see what was in Jacobs' hand. See Doney v. State, 648 So.2d 799 (Fla. 4th DCA 1994), rev. denied, 659 So.2d 272 (Fla. 1995).

Defendant is alleged to have swallowed a cocaine rock he allegedly held cupped in his hand when the arresting officer demanded to see what he had. Since the suspect cocaine was never recovered, it is not clear there was any physical evidence to suppress.

STONE, POLEN and GROSS, JJ., concur.

NOT FINAL UNTIL THE DISPOSITION OF ANY TIMELY FILED MOTION FOR REHEARING.

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STATE v. JACOBS, 98-3665 (Fla.App. 4 Dist. 7-7-1999)
(Jul 7, 1999)