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STATE v. SCHULTZ

No. 78-2355.

388 So.2d 1326 (1980)

STATE of Florida, Appellant, v. David Eugene SCHULTZ, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied November 12, 1980.

Attorney(s) appearing for the Case

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

James O. Birr, Jr., Fort Lauderdale, for appellee.

MOORE, Judge.

This is an appeal by the State from an order granting the appellee's motion to suppress evidence obtained as a result of a search warrant. The warrant was issued on the basis of warrantless seizure by police of trash bags which had been placed by the appellee, David Schultz, in front of his residence for collection.

The sole issue for our consideration is whether one who places his trash in the swale area in front of his home for collection in...

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