McGIBIANY v. STATE

No. WW-122.

399 So.2d 125 (1981)

Charles McGIBIANY, aPPELLANT, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

June 3, 1981.


Attorney(s) appearing for the Case

Michael E. Allen, Public Defender, and Nancy A. Daniels, Asst. Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen., and David P. Gauldin, Asst. Atty. Gen., Tallahassee, for appellee.


Robert P. SMITH, Jr., Judge.

McGibiany appeals from a judgment of conviction for possession of cocaine and marijuana, complaining of the trial court's denial of his motion to suppress as evidence the contraband taken from his hotel room by an off-duty policeman accompanying the hotel's assistant manager. The warrantless search violated the Fourth Amendment to the United States Constitution and Article I, Section 12 of the Florida Constitution, and we therefore reverse...

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