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STATE v. MITCHELL

No. 79-42.

377 So.2d 1006 (1979)

The STATE of Florida, Appellant, v. Ralph MITCHELL, Appellee.

District Court of Appeal of Florida, Third District.

December 18, 1979.

Attorney(s) appearing for the Case

Janet Reno, State's Atty. and Theda R. James, Asst. State's Atty., for appellant.

No appearance for appellee.

Before HAVERFIELD, C.J., and HENDRY and SCHWARTZ, JJ.

HAVERFIELD, Chief Judge.

This is an appeal by the State of Florida seeking a review of an order granting a motion to suppress the heroin and cocaine which defendant Mitchell was charged with possessing and transporting into the state. The trial court found that Mitchell did not voluntarily and freely consent to the search of his baggage but merely submitted to police authority and further being in a custodial position in relation to the police, he should have been...

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