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STATE v. GANS

No. 83-409.

454 So.2d 655 (1984)

STATE of Florida, Appellant, v. Robert M. GANS, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied August 22, 1984.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Richard B. Martell, Asst. Atty. Gen., Daytona Beach, for appellant.

James M. Russ and Terrence E. Kehoe, of Law Office of James M. Russ, P.A., Orlando, for appellee.

SHARP, Judge.

The state appeals the trial court's order which suppressed evidence of cocaine at Gans' criminal trial for unlawful possession.1 The cocaine was found by a hospital employee in Gan's pants pocket when he was being treated at a hospital emergency room. It was given to an Orlando police officer by the employee, and the officer tested it without obtaining a search warrant. The lower court ruled the police officer made an illegal...

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