STATE v. COLLINS

No. 74-1499.

317 So.2d 846 (1975)

STATE of Florida, Appellant, v. Terry Lee COLLINS, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied September 11, 1975.


Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Tallahassee, and Richard G. Pippinger, Asst. Atty. Gen., Tampa, for appellant.

Lex Taylor, of Taylor & Laurent, Lakeland, for appellee.


HOBSON, Judge.

The lower court granted Collins' motion to suppress the evidence seized in his private dwelling pursuant to a search warrant based upon the affidavit of a police officer. The court found that there was insufficient probable cause to warrant the search of Collins' residence, and insufficient probable cause to search the residence at night. The State has appealed this interlocutory order.

The officer's reasons for believing that the law was being...

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