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STATE v. ROBINSON

No. 79-1426.

391 So.2d 221 (1980)

The STATE of Florida, Appellant, v. Fred Eugene ROBINSON, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 9, 1981.

Attorney(s) appearing for the Case

Janet Reno, State Atty., for appellant.

Weiner, Robbins, Tunkey & Ross and Jeffrey S. Weiner, Miami, for appellee.

Before HENDRY and BASKIN, JJ., and EZELL, BOYCE F., Jr. (Ret.), Associate Judge.

PER CURIAM.

Appellee was arrested at Miami International Airport with what turned out to be two suitcases full of marijuana. Search of the suitcases was made pursuant to an alleged consent, obtained post-arrest. Testimony regarding the voluntariness of the consent fell short, in the opinion of the trial judge, of the "clear and convincing" quantum of proof necessary to sustain the warrantless search. See Bailey v. State, 319 So.2d 22

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