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302 So. 2d 198

State v. Weber

District Court of Appeal of Florida

Decided October 22, 1974

District Court of Appeal of Florida · decided 1974-10-22

Cited by 10 later decisions — most recently August 1986

10 state decisions

Relies on Carroll v. United States · Spinelli v. United States · Baldwin v. Wainwright

Good law ✅— No negative treatment on recordhow we know

Decided 1974-10-22

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PER CURIAM.

¶1The defendant-appellee filed a Motion to Quash a search warrant and its supporting affidavit and to Suppress the Evidence obtained pursuant thereto. The Circuit Court heard testimony and argument of counsel and entered an order suppressing the evidence from whence the State took this Interlocutory Appeal, urging that the case is controlled by Carroll v. United States, 267 U.S. 132, 45 S.Ct. 280, 69 L.Ed. 543 (1925); Spinelli v. United States, 393 U.S. 410, 89 S.Ct. 584, 21 L.Ed.2d 637 (1969); and a decision of our sister court of the Third District, Fountain v. State, Fla.App. 3rd 1967, 199 So.2d 738. We have carefully examined the facts sub jud-ice and the holdings in those cases as well as our own recent opinion in Joyner v. State, Fla.App. 1st 1974, 303 So.2d 60, and find that those holdings are not dis-positive of the issues here involved.

¶2The appellant having failed to demonstrate reversible error, this Interlocutory Appeal is

¶3Dismissed.

RAWLS, C. J., and BOYER and Me-CORD, JJ., concur.
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