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STATE v. PRESLEY

No. 83-1671.

458 So.2d 847 (1984)

STATE of Florida, Appellant, v. James Lee PRESLEY, Appellee.

District Court of Appeal of Florida, Fifth District.

November 8, 1984.

Attorney(s) appearing for the Case

Stephen L. Boyles, State Atty., and John V. Doyle, Asst. State Atty., Daytona Beach, for appellant.

Richard Kolodinsky, New Smyrna Beach, for appellee.

DAUKSCH, Judge.

This is an appeal from an order granting a motion to suppress evidence in a criminal case.

Appellee was arrested for disorderly intoxication,1 searched incident to that arrest and illegal drugs were found and seized.

The issue on appeal is whether the trial judge applied the proper legal standard when considering the motion to suppress. It is our conclusion he did not and therefore we reverse. When considering...

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