STATE v. CORYELL

No. 70-707.

247 So.2d 87 (1971)

STATE of Florida, Appellant, v. John Arden CORYELL, Appellee.

District Court of Appeal of Florida, Second District.

April 21, 1971.


Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Tallahassee, and P.A. Pacyna, Asst. Atty. Gen., Lakeland, for appellant.

Edward R. Kirkland, Orlando, for appellee.


MANN, Judge.

Coryell's wife invited an FBI agent to enter their home, in the living room of which he saw some weapons. He knew that Coryell had previously been convicted of a felony, and upon his affidavit a search warrant was issued. Pursuant to that warrant marijuana found in a golf bag in a bedroom was seized during the search. This evidence was suppressed by the trial judge on the theory that the wife has no authority to consent to a search.

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