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McCOMBS v. STATE

No. 75-680.

328 So.2d 870 (1976)

Leon J. McCOMBS, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 14, 1976.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Bruce Zeidel, Asst. Public Defender, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Robert B. Breisblatt, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Appellant was convicted of receiving stolen property. Tangible evidence (i.e., the stolen property) introduced by the State over objection had been the subject of a pretrial motion to strike, hearing on which was held during trial. The tangible evidence was taken from the person of appellant while he was in custody as a result of a warrantless arrest for which the arresting officer did not have probable cause. The arrest was illegal and thus the tangible...

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