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LAISER v. STATE

No. 74-142.

299 So.2d 39 (1974)

Stephen Allen LAISER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied September 19, 1974.

Attorney(s) appearing for the Case

Philip G. Butler, Jr., Foley & Colton, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and C. Marie Bernard, Asst. Atty. Gen., West Palm Beach, for appellee.

WALDEN, Judge.

This is a challenge to the validity of a search warrant. Appellant claims that the court erred:

"in denying defendant's motion to suppress evidence where evidence was seized pursuant to the execution of a search warrant and where said search warrant failed to command the executing officer, pursuant to F.S. 933.07 to return the seized property before the judge who signed the warrant."

We agree and reverse.

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