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DeMONTMORENCY v. STATE

No. 61179.

464 So.2d 1201 (1985)

Debra Jayne DeMONTMORENCY, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

February 28, 1985.

Attorney(s) appearing for the Case

Geoffrey C. Fleck and Alan S. Ross of Weiner, Robbins, Tunkey & Ross, Miami, for petitioner.

Jim Smith, Atty. Gen. and David P. Gauldin, Asst. Atty. Gen., Tallahassee, for respondent.

ADKINS, Justice.

In accordance with the recent United States Supreme Court decision in Oliver v. United States, ___ U.S. ___, 104 S.Ct. 1735, 80 L.Ed.2d 214 (1984), we grant rehearing and vacate our prior opinion in this case and hold that warrantless "open field" searches are proper, and that evidence received as a result thereof should not be suppressed. We approve the decision of the district court. 401 So.2d 858.

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