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STATE v. TURNER

No. 76-1494.

345 So.2d 767 (1977)

STATE of Florida, Appellant, v. Johnny Mack TURNER, a/K/a Johnny Lee Turner, Appellee.

District Court of Appeal of Florida, Fourth District.

April 7, 1977.

Attorney(s) appearing for the Case

Philip S. Shailer, State Atty., and Linda A. Naze, Asst. State Atty., Fort Lauderdale, for appellant.

Robert T. Adams, Jr., Fort Lauderdale, for appellee.

ANSTEAD, Judge:

The State is appealing an order granting a motion to suppress evidence, a gun, alleged to be in plain view at the time Johnny Mack Turner was stopped for an alleged traffic violation. We reverse.

On October 8, 1975, two police officers, assigned to a "tactical impact unit," were on patrol in an unmarked car in Ft. Lauderdale. At approximately 2:40 a.m. the officers spotted a vehicle with defective...

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