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STATE v. NELSON

No. 76-1845.

347 So.2d 749 (1977)

STATE of Florida, Appellant, v. Ronald Jerome NELSON, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied July 25, 1977.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Tallahassee, and Paul H. Zacks, Asst. Atty. Gen., West Palm Beach, for appellant.

Richard L. Jorandby, Public Defender, Frank B. Kessler, Chief, App. Div., and James K. Green, Legal Intern, West Palm Beach, for appellee.

LETTS, Judge.

The State of Florida has filed an interlocutory appeal from an order suppressing evidence of opium seized as the result of a search warrant executed at 9:15 at night. We reverse.

The customary printed search warrant form in question was signed by the appropriate judge and included the following language:

... You or either of you, with such lawful assistance as may be necessary, are hereby commanded, in the daytime, NIGHTTIME or on Sunday...

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