STATE v. MANNING

No. 79-803.

379 So.2d 1307 (1980)

STATE of Florida, Appellant, v. William E. MANNING and Bradford C. Ege, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 19, 1980.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee and Joy B. Shearer, Asst. Atty. Gen., West Palm Beach, for appellant.

Philip G. Butler, Jr., Foley, Colton & Butler, P.A., West Palm Beach, for appellee.


HURLEY, Judge.

The state brings this appeal from the suppression of oral communications and other physical evidence. The trial court found the affidavit in support of a wiretap order to be fatally stale due to a fifty-nine day lapse between the last event viewed by the affiant and the application for the intercept order. It concluded that there had been no showing of extraordinary circumstances to justify an exception to the "thirty day rule" of Rodriguez v. State...

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