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STATE v. SMITH

No. 38931.

233 So.2d 396 (1970)

STATE of Florida, Petitioner, v. Russell SMITH, Stanley Smith, and Donna Smith, Respondents.

Supreme Court of Florida.

March 25, 1970.

Attorney(s) appearing for the Case

Earl Faircloth, Atty. Gen. and Charles W. Musgrove, Asst. Atty. Gen., for petitioner.

Edward R. Kirkland, Orlando, for respondents.

BOYD, Justice.

This cause is before us on petition for writ of certiorari to review the decision of the District Court of Appeal, Fourth District, affirming the order of the trial court quashing a search warrant and suppressing evidence obtained thereunder.1 The District Court, in a brief per curiam opinion, stated:

"* * * The issue involved the sufficiency of an affidavit to present to an independent neutral magistrate probable...

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