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STATE v. DALEY

No. 59343.

392 So.2d 1327 (1981)

STATE of Florida, Petitioner, v. Joseph DALEY, Roque Cavazos, and Jeromy Augsten, Respondents.

Supreme Court of Florida.

January 15, 1981.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen. and Max Rudmann, Asst. Atty. Gen., West Palm Beach, for petitioner.

Robert A. Huth, Jr., Fort Lauderdale and Barry E. Witlin and James W. Reilley, Chicago, Ill., for respondents.

ALDERMAN, Justice.

The District Court of Appeal, Fourth District, has certified the following question:

Does a defendant have automatic standing to challenge the legality of a search or seizure if he is charged with an offense that includes, as an element of that offense, possession of the seized material at the time of the contested search and seizure?

Daley v. State, 387 So.2d 971 (Fla. 4th D.C.A. 1980...

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