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553 So. 2d 370

553 So.2d 370

14 Fla.L.Weekly 2834

Tim v. State

District Court of Appeal of Florida

Decided December 8, 1989

District Court of Appeal of Florida · decided 1989-12-08

Relies on United States v. Leon · 530 So. 2d 514 - State v. Edwards

Decided 1989-12-08

PER CURIAM.

¶1Pursuant to our prior decision in Sotolongo v. State, 530 So.2d 514 (Fla. 2d DCA 1988), in which we reversed the trial court’s denial of a motion to suppress evidence filed by appellant’s codefendant, and because the facts in both cases are indistinguishable, the denial of appellant’s motion to suppress evidence is reversed. We reject the state’s argument that the “good faith” exception to the warrant requirement enunciated in United States v. Leon, 468 U.S. 897, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984), should apply.

LEHAN, A.C.J., and FRANK and PARKER, JJ., concur.
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