KORTUM v. STATE

No. 84-48.

459 So.2d 477 (1984)

Eva J. KORTUM, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

November 29, 1984.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and James R. Wulchak, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and W. Brian Bayly, Asst. Atty. Gen., Daytona Beach, for appellee.


COWART, Judge.

The facts constituting the probable cause upon which the search warrant in this case was issued were independent and unrelated to an earlier illegal entry of the premises searched under the search warrant. Therefore, the search warrant was valid and the evidence seized under it was not tainted by the illegal entry and not subject to suppression. See Segura v. United States, ___ U.S. ___, 104 S.Ct. 3380, 82 L.Ed.2d 599 (1984).

AFFIRMED...

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