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STATE v. JIMERSON

No. 75-1692.

330 So.2d 169 (1976)

STATE of Florida, Appellant, v. Henry JIMERSON, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 5, 1976.

Attorney(s) appearing for the Case

Barry E. Krischer, Asst. State's Atty., West Palm Beach, for appellant.

Richard L. Jorandby, Public Defender, and James R. Merola, Sp. Asst. Public Defender, West Palm Beach, for appellee.

PER CURIAM.

AFFIRMED.

WALDEN, C.J., and OWEN, J., concur.

MAGER, J., dissents, with opinion.

MAGER, Judge (dissenting).

With all due respect for the trial court and this court, I must dissent.

Oftentimes the conscientious efforts of law enforcement officers in furtherance of their peacekeeping functions conflict with the rights guaranteed by the Florida and U.S. Constitutions. In such cases the conflict must be resolved in favor...

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