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STATE v. BRAINARD

No. 78-46.

376 So.2d 864 (1979)

STATE of Florida, Appellant, v. Richard BRAINARD, Fred Brizzi, Vickie Lyons, Darwin Salls, Jonathan B. Smith, Thomas Wagner, and Sallie Wolf, Appellees.

District Court of Appeal of Florida, Second District.

As Corrected On Denial of Rehearing October 12, 1979.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Richard G. Pippinger, Asst. Atty. Gen., Tampa, for appellant.

Joseph G. Donahey, Jr. of Tanney, Forde, Donahey & Eno, P.A., Clearwater, for appellee Salls; John D. Fernandez, Clearwater, for appellees Lyons and Wagner; Charles J. Morachnick, Seminole, for appellees Brainard and Wolf; William A. Borja, Clearwater, for appellee Brizzi; and Terry Furnell of Gross & Doherty, Clearwater, for appellee Smith.

GRIMES, Chief Judge.

The state charged appellees with possession of over 100 pounds of marijuana and conspiracy to possess over 100 pounds of marijuana. Subsequently appellees moved to suppress certain evidence gathered from three wiretaps which had led to their arrest. The court granted their motions. The state appeals.

Judge B.J. Driver considered the application for the first wiretap and accompanying affidavit on September 23, 1976. He entered the wiretap...

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