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STATE v. SMITH

No. 84-1861.

477 So.2d 658 (1985)

STATE of Florida, Appellant, v. Earnest SMITH and Daniel Oliver, Appellees.

District Court of Appeal of Florida, Fifth District.

October 31, 1985.

Attorney(s) appearing for the Case

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

James B. Gibson, Public Defender, Lucinda H. Young, and Michael L. O'Neill, Asst. Public Defenders, Daytona Beach, for appellees.

UPCHURCH, Judge.

This is an appeal by the state from an order suppressing evidence. Appellees/defendants Earnest Smith and Daniel Oliver, charged by information with burglary of a conveyance and grand theft, moved to suppress their statements and the evidence seized on the grounds that the two had been unlawfully detained and that the evidence had been illegally seized without a warrant.

At the suppression hearing, the arresting officer testified that he first...

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