PEDERSON v. STATE

No. KK-396.

373 So.2d 367 (1979)

Marvin J. PEDERSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied August 21, 1979.


Attorney(s) appearing for the Case

James W. Reilley, Chicago, Ill., and Marlin M. Feagle, Lake City, for appellant.

Robert L. Shevin, Atty. Gen., Charles A. Stampelos, Asst. Atty. Gen., for appellee.


MELVIN, Judge.

Pederson pleaded nolo contendere to possession of marijuana, and reserved the right to appeal the trial court's denial of his motion to suppress. Pederson alleges that the search warrant which was issued violated constitutional and statutory prerequisites because the warrant was not based upon probable cause. U.S.Const. Amend. IV; § 570.15(1)(b), Fla. Stat. (1977). We agree and reverse.

At 10:40 p.m. on December 17, 1977, Pederson passed...

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