RILEY v. STATE

No. 81-396.

448 So.2d 1029 (1983)

Henry Lee RILEY, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 29, 1983.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Sheryl Joyce Lowenthal, Sp. Asst. Public Defender, for appellant.

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

Before HENDRY, HUBBART and FERGUSON, JJ.


HUBBART, Judge.

The central issue raised by this appeal is whether it is unlawful [under the federal or Florida constitution or Florida statutory law] for the police, in an otherwise lawful manner, to enter private premises which they are authorized to search pursuant to a valid and previously issued search warrant, when, as here, the entering officers do not physically have the search warrant in hand upon entry, but do receive the warrant some twenty (20) minutes...

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