STATE v. GARCIA

No. 82-1143.

431 So.2d 651 (1983)

The STATE of Florida, Appellant, v. Juan GARCIA, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 8, 1983.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen. and Calvin L. Fox, Asst. Atty. Gen., for appellant.

Bennett D. Fultz and Carlos Megias, Miami, for appellee.

Before HENDRY, BASKIN and DANIEL S. PEARSON, JJ.


BASKIN, Judge.

The state appeals the trial court's order suppressing evidence seized from defendant Garcia's home without a warrant. At the suppression hearing, police officers testified that during surveillance of the house, they observed a suspect enter Garcia's home and pursued him. The state argued that the warrantless entry was lawful because the police were "in hot pursuit." Testimony offered by the defendant contradicted the state's position. In his deposition...

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