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STATE v. STOLPEN

Nos. 79-753, 79-834, 79-929 and 79-981.

386 So.2d 581 (1980)

STATE of Florida, Appellant, v. Spencer Denis STOLPEN, Appellee. STATE of Florida, Appellant, v. Randy DE LUCA, Martin Taccetta and Daniel Ricciardi, Appellees. STATE of Florida, Appellant, v. Victor DAVANZO and Henry Santa Lucia, Appellees. STATE of Florida, Appellant, v. Dario HERRERA, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 27, 1980.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Paul H. Zacks, Asst. Atty. Gen., West Palm Beach, for appellant.

Robert J. O'Toole, Fort Lauderdale, for appellee, Spencer Denis Stolpen.

Kerry J. Nahoom, Fort Lauderdale, for appellees, De Luca, Taccetta and Ricciardi.

Sheldon Golding, Fort Lauderdale, for appellees, Davanzo and Santa Lucia.

Miguel Del Aguila of Law Offices of Robert F. Garcia, Miami, for appellee, Herrera.

BERANEK, Judge.

This is an appeal by the State from an order granting appellees' motions to suppress oral and wire communications. The content of these communications were seized by the State pursuant to a prior wiretap authorization. We affirm.

In pursuing an investigation surrounding a conspiracy to smuggle marijuana, the State applied to the Circuit Court for a wiretap authorization. The wiretap authorization was issued on the basis of a police officer...

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