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STATE v. ANSLEY

Nos. 71-130, 71-131.

251 So.2d 42 (1971)

STATE of Florida, Appellant, v. Lynwood W. ANSLEY, Appellee. STATE of Florida, Appellant, v. Thomas A. HOPPER, Appellee.

District Court of Appeal of Florida, Second District.

July 28, 1971.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Tallahassee, Frank Schaub, State's Atty. and Richard W. Seymour, Asst. State's Atty., Bradenton, for appellant.

Walter R. Talley, Public Defender, and Edwin T. Mulock, Asst. Public Defender, Bradenton, for appellee, Lynwood Ansley.

James H. McAnly, Bradenton, for appellee, Thomas A. Hopper.

McNULTY, Judge.

The state appeals pursuant to § 924.071, F.S. 1969, F.S.A. from an order suppressing certain evidence which was seized without a warrant. Testimony was taken on the motion to suppress in which two police officers swore that appellees Ansley and Hopper were stopped for a traffic violation and, thereafter, marijuana was observed in plain sight and seized. Appellee Hopper testified on behalf of both appellees denying the traffic violation and also...

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