STATE v. SPENCER

No. 82-1868.

432 So.2d 718 (1983)

The STATE of Florida, Appellant, v. Jules SPENCER and Willie Ruff, Appellees.

District Court of Appeal of Florida, Third District.

June 7, 1983.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen. and Penny Hershoff Brill, Asst. Atty. Gen., for appellant.

Harry W. Prebish, John Lipinski, Marshall Ives and Gregory Prebish, Miami, for appellees.

Before HENDRY, HUBBART and JORGENSON, JJ.


JORGENSON, Judge.

This is a state appeal from an order granting the defendants' motions to suppress physical evidence. For the reasons which follow we affirm the trial court order with respect to the defendant Ruff, reverse with respect to the defendant Spencer and remand for further consistent proceedings.

Ruff and Spencer, together with two others not parties to this appeal, were charged with kidnapping, sexual battery and extortion. The facts elicited during...

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