STATE v. JOSEPH

No. 72-368.

269 So.2d 36 (1972)

STATE of Florida, Appellant, v. Andrew JOSEPH, Sr., and Christine Joseph, Appellees.

District Court of Appeal of Florida, Fourth District.

November 17, 1972.


Attorney(s) appearing for the Case

Marvin U. Mounts, Jr., County Solicitor, and J. Michael Burman, Asst. County Solicitor, West Palm Beach, for appellant.

R. Bruce Jones, Jr., North Palm Beach, for appellees.


PER CURIAM.

Affirmed.

CROSS and OWEN, JJ., concur.

MAGER, J., dissents, with opinion.

MAGER, Judge (dissenting).

In my view, under the particular facts of this case, there was substantial compliance with F.S. Section 933.09, F.S.A. The narcotics paraphernalia and firearms were thus properly seized by the police officers and should not have been suppressed. Under the rationale of this court's decisions in State v. Bell, Fla.App. 1971...

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