STATE v. JACOBS

No. 82-807.

437 So.2d 166 (1983)

STATE of Florida, Appellant, v. Leslie Paul JACOBS, et al., Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied August 29, 1983.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Sean Daly, Asst. Atty. Gen., Daytona Beach, for appellant.

J. Cheney Mason, P.A., Orlando, and Edwin H. Duff, III, Daytona Beach, for appellees.


FRANK D. UPCHURCH, Jr., Judge.

The state appeals from an order suppressing evidence seized in the search of a residence occupied by appellees Jacobs and Newman. Two issues have been presented: whether the affidavit was sufficient to establish probable cause for issuance of the warrant and whether the warrant was properly executed. We hold that the affidavit was sufficient and that the warrant was properly executed and accordingly reverse the suppression order.

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