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STATE v. BYHAM

No. 80-610.

394 So.2d 1142 (1981)

STATE of Florida, Appellant, v. William BYHAM, Appellee.

District Court of Appeal of Florida, Fourth District.

March 11, 1981.

Attorney(s) appearing for the Case

David H. Bludworth, State Atty., and Moses Baker, Jr., Asst. State Atty., West Palm Beach, for appellant.

Gary S. Israel and Richard W. Springer of Kohl, Springer, Springer & Garrison, Palm Springs, for appellee.

GLICKSTEIN, Judge.

The State appeals an order granting a motion to suppress. We reverse.

On December 4, 1979, John Thomas Irvine, a police officer with the Town of Palm Beach, was operating his motorcycle when he observed three youths standing on the sidewalk in a huddle-type position. As he approached and passed the youths, one of whom was appellee, he could see them passing around some type of cigarette. At the hearing on the motion to suppress evidence...

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