STATE v. ALBANO

No. 80-63.

394 So.2d 1026 (1981)

STATE of Florida, Appellant, v. James ALBANO, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied March 9, 1981.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Michael A. Palecki, Asst. Atty. Gen., Tampa, for appellant.

W.C. McLain of Smith, Carta & Ringsmuth, Fort Myers, for appellee.


CAMPBELL, Judge.

The state appeals the trial court's order granting appellee's motion to suppress tangible evidence seized during a warrantless search of his person and a vehicle following his arrest. Appellee's arrest and the subsequent search resulted from surveillance of the vehicle undertaken because of information received from a court-ordered intercept of telephone conversations. Appellee was not a party to these conversations, nor was he a subject of the intercept...

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