STATE v. OLIVER

No. 78-639.

368 So.2d 1331 (1979)

The STATE of Florida, Appellant, v. Timothy OLIVER, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 18, 1979.


Attorney(s) appearing for the Case

Janet Reno, State's Atty., and Ira N. Loewy, Asst. State's Atty., for appellant.

Bennett H. Brummer, Public Defender and Bruce A. Rosenthal, Asst. Public Defender, for appellee.

Before HENDRY and HUBBART, JJ., and EZELL, BOYCE F., JR., (Ret.), Associate Judge.


HUBBART, Judge.

This is a criminal prosecution for unlawful possession of marijuana in which the trial court granted the defendant's motion to suppress the subject marijuana on unreasonable search and seizure grounds. The state takes an appeal therefrom, which appeal we have jurisdiction to entertain. § 924.071(1), Fla. Stat. (1977).

The central question presented for review is whether the police retrieval of evidence discarded in the public streets by...

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