FERRER v. STATE

No. AN-11.

440 So.2d 75 (1983)

Jose Pablo FERRER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

November 16, 1983.


Attorney(s) appearing for the Case

Richard A. Beiley, Benedict P. Kuehne and Jacqueline E. Shapiro of Bierman, Sonnett, Beiley, Shohat & Sale, Miami, for appellant.

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


JOANOS, Judge.

Appellant, Jose Pablo Ferrer, appeals from his conviction for the offense of trafficking in marijuana, contending among arguments that the trial court erred in denying his motion to suppress physical evidence seized subsequent to a non-consensual search not incident to arrest. We agree and reverse.

The record shows that one Palacios was driving a rental truck north on Interstate 75 in Hamilton County at 4:00 a.m. on December 1, 1981, when he...

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