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ROYER v. STATE

No. 78-1050.

389 So.2d 1007 (1979)

Mark ROYER, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

On Rehearing September 9, 1980.

Rehearing Denied October 21, 1980.

Attorney(s) appearing for the Case

Fine, Jacobson, Block, Goldberg & Semet and Theodore Klein, Miami, for appellant.

Jim Smith, Atty. Gen. and Calvin L. Fox, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, J., and CHARLES CARROLL, (Ret.), and EZELL, BOYCE F., Jr., (Ret.), Associate Judges.

CHARLES CARROLL, Associate Judge.

The appellant, Mark Royer, was charged by information with unlawful possession of a controlled substance, cannabis, in an amount greater than five grams, and of the crime of unlawful possession thereof with intent to sell or deliver the substance.

The defendant moved to suppress evidence consisting of 65 lbs. of marijuana found in his possession, on the ground that the search and seizure thereof without a

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