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STATE v. OUELLETTE

No. 79-1792.

382 So.2d 836 (1980)

STATE of Florida, Appellant, v. Ernest J. OUELLETTE, Appellee.

District Court of Appeal of Florida, Fourth District.

April 16, 1980.

Attorney(s) appearing for the Case

Michael J. Satz, State's Atty., 17th Judicial Circuit, and Patti Englander, Asst. State's Atty., Fort Lauderdale, for appellant.

Stuart L. Stein, Fort Lauderdale, for appellee.

MOORE, Judge.

It is not necessary to recite the facts in this search and seizure case. The trial court granted appellee's motion to suppress contraband because the search was predicated on the arresting officer's belief that marijuana was a controlled substance proscribed by Section 893.03(1)(c) Florida Statutes (1977), which the trial judge had previously declared unconstitutional. Since then, the Florida Supreme Court has again upheld the classification of cannabis...

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