STATE v. MYERS

No. 84-119.

454 So.2d 764 (1984)

STATE of Florida, Appellant, v. Michael D. MYERS, Appellee.

District Court of Appeal of Florida, Second District.

August 24, 1984.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Gary O. Welch, Asst. Atty. Gen., Tampa, for appellant.

Richard V. Ellis and Jonathan E. Hausburg of Hausburg, Jaensch & Ellis, Sarasota, for appellee.


OTT, Judge.

Appellee was charged with possession of a felony amount of marijuana and paraphernalia. The trial court granted appellee's motion to suppress evidence which officers observed in plain view while executing a warrant for appellee's arrest. We reverse.

Law enforcement officers lawfully and properly entered appellee's bedroom for the purpose of executing a warrant for his arrest. Upon entering the room, two officers immediately — albeit independently...

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