PEZZELLA v. STATE

No. 79-1558.

390 So.2d 97 (1980)

Philip PEZZELLA, Michael Pezzella and Robert Pezzella, Appellants, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 8, 1980.


Attorney(s) appearing for the Case

John H. Lipinski, Miami, for appellants.

Jim Smith, Atty. Gen., and Susan C. Minor, Asst. Atty. Gen., for appellee.

Before HUBBART, C.J., and NESBITT and DANIEL S. PEARSON, JJ.


NESBITT, Judge.

The issue before us is whether a search warrant for the seizure of personal property was constitutionally overbroad so as to require the suppression of evidence seized pursuant thereto. We find that it was and reverse.

The defendants entered a plea of nolo contendere to multiple charges of possession of narcotics and controlled substances, specifically reserving the right to appeal the denial of their motion to suppress evidence obtained as...

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