STATE OF FLORIDA, APPELLANT,
v.
ANDREW JOSEPH, SR., AND CHRISTINE JOSEPH, APPELLEES
Affirmed.
CROSS and OWEN, JJ., concur.
MAGER, J., dissents, with opinion.
(dissenting).
In my view, under the particular facts of this case, there was substantial compliance with F.S. Section 933.09, F.S.A. The narcotics paraphernalia and firearms were thus properly seized by the police officers and should not have been suppressed. Under the rationale of this court’s decisions in State v. Bell, Fla.App.1971, 249 So.2d 748, and State v. Clarke, Fla.App.1970, 242 So.2d 791, I would reverse and vacate the order of "the trial court and remand this cause for a trial on the merits.
MAGER, Judge
(dissenting).
In my view, under the particular facts of this case, there was substantial compliance with F.S. Section 933.09, F.S.A. The narcotics paraphernalia and firearms were thus properly seized by the police officers and should not have been suppressed. Under the rationale of this court’s decisions in State v. Bell, Fla.App.1971, 249 So. 2d 748, and State v. Clarke, Fla.App.1970, 242 So. 2d 791, I would reverse and vacate the order of "the trial court and remand this cause for a trial on the merits.
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Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Perseo v. State, 242 So. 2d 791 (Fla. 1st DCA 1971)
- State v. Bell, 249 So. 2d 748 (Fla. 4th DCA 1971)