HARDY v. STATE

No. 71-244.

276 So.2d 536 (1973)

Norris HARDY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

April 27, 1973.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Charles W. Musgrove, Asst. Public Defender, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Andrew I. Friedrich, Asst. Atty. Gen., West Palm Beach, for appellee.


PER CURIAM.

Affirmed.

CROSS and OWEN, JJ., concur.

WALDEN, J., dissents with opinion.

WALDEN, Judge (dissenting):

Appellant was convicted and sentenced for attempted possession of heroin. I would reverse and remand. There was no probable cause to make the arrest in question. The ensuing search and seizure was illegal and the seized contraband should have been suppressed at trial.

The appellate issue is simply whether the police...

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