LAVELY v. STATE

No. 82-725.

422 So.2d 975 (1982)

Joseph W. LAVELY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 15, 1982.


Attorney(s) appearing for the Case

H. Dohn Williams, Jr., of Varon & Stahl, P.A., Hollywood, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Stewart J. Bellus, Asst. Atty. Gen., West Palm Beach, for appellee.


BERANEK, Judge.

After denial of his pretrial motion to suppress, appellant was tried and convicted of trafficking in marijuana. He was sentenced to a term of imprisonment of five years, and was ordered to pay a fine of $25,000. We reverse.

On May 16, 1980, United States Customs Patrol Officers Hill and McGinty were on patrol in the Intercoastal Waterway north of Port Everglades, Florida. They were operating a 27-foot unmarked, ocean racing type vessel. Shortly...

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