BLUE v. STATE

No. 82-2674.

441 So.2d 165 (1983)

Fabia BLUE and Theresa Blue, Appellants, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

November 15, 1983.


Attorney(s) appearing for the Case

Frank A. Rubino, Coconut Grove, for appellants.

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

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


DANIEL S. PEARSON, Judge.

The Blues were convicted of possession with intent to sell or deliver cannabis upon their pleas of nolo contendere, specifically reserving the right to appeal the denial of their motions to suppress. They contend that the sole evidence against them was seized from their premises (a wholesale plant nursery open to the public) pursuant to a warrant issued without probable cause. We agree and reverse.

The affidavit for search warrant...

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