STATE v. BIRS

No. 79-2335.

394 So.2d 1054 (1981)

STATE of Florida, Appellant, v. Richard BIRS, a/k/a "Richie" and Dr. Leonard Rosenthal, a/k/a "Doc", Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 25, 1981.


Attorney(s) appearing for the Case

Michael J. Satz, State Atty. and Mark Speiser, Asst. State Atty., Fort Lauderdale, for appellant.

Robert C. Stone, of Stone & Dell, P.A., Hollywood, for appellees.


HERSEY, Judge.

The state appeals from an order granting a motion to suppress evidence obtained as the result of a wiretap.

The order in question suppressed use of the evidence on three grounds. First, the court found that the application for an order of the circuit court authorizing the intercept was made by a police officer on special assignment to the State Attorney's office. It was held that such an application could be made only by the State Attorney;...

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