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STATE v. JENNINGS

No. 80-999.

396 So.2d 1231 (1981)

STATE of Florida, Appellant, v. Deborah H. JENNINGS and James V. Henderson, Appellees.

District Court of Appeal of Florida, Fourth District.

May 6, 1981.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Robert L. Bogen, Asst. Atty. Gen., West Palm Beach, for appellant.

Valentime Gabaldon, West Palm Beach, for appellee, Jennings.

Richard L. Jorandby, Public Defender, and Tatjana Ostapoff, Asst. Public Defender, West Palm Beach, for appellee, Henderson.

ON REHEARING

BERANEK, Judge.

The State appeals an order suppressing physical evidence and statements secured as a result of the arrest of the two defendants in their home without warrant. The trial court relied upon the recent United States Supreme Court decision in Payton v. New York, 445 U.S. 573, 100 S.Ct. 1371, 63 L.Ed.2d 639 (1980), holding unconstitutional warrantless arrests in a person's residence absent exigent...

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