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STATE v. ERP

No. 77-1837.

366 So.2d 51 (1978)

STATE of Florida, Appellant, v. James Joseph ERP and Joseph J. Murphy, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 31, 1979.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Tallahassee, and John D. Cecilian, Asst. Atty. Gen., West Palm Beach, for appellant.

Raymond E. Ford, Fort Pierce, for appellee-James Erp.

Joseph T. Garlovsky, Daytona Beach, for appellee-Joseph J. Murphy.

DAUKSCH, Judge.

On appeal is an order granting a new trial. While we agree the trial court was correct in granting the new trial and perhaps the question of the arrest, search and seizure should be reconsidered we cannot now hold U.S. v. Chadwick, 433 U.S. 1, 97 S.Ct. 2476, 53 L.Ed.2d 538 (1977) is determinative in this matter. For that reason we affirm the order granting the new trial but do not rule Chadwick to be law...

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