STATE v. MANN

No. 82-715.

440 So.2d 406 (1983)

STATE of Florida, Appellant, v. Richard MANN and Julia Pankey, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied November 30, 1983.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Russell S. Bohn, Asst. Atty. Gen., West Palm Beach, for appellant.

Craig R. Wilson of Ruffolo & Wilson, West Palm Beach, for appellees.


HURLEY, Judge.

This is a search and seizure case in which the state appeals an order suppressing physical evidence. We hold that the warrantless apartment search was justified under the "exigent circumstances" exception. Furthermore, we conclude that the contraband (marijuana), found during the search, was in plain view and, therefore, was properly seized. Accordingly, we reverse.

A Delray Beach tennis resort experienced twelve apartment burglaries during...

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