STATE v. SUCO

No. 85-2605.

502 So.2d 446 (1986)

STATE of Florida, Appellant, v. Carlos Franco SUCO, Appellee.

District Court of Appeal of Florida, Third District.

On Rehearing March 3, 1987.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen. and Jack B. Ludin and Richard Kaplan, Asst. Attys. Gen., for appellant.

Bierman, Sonnett, Shohat & Sale and Ira N. Loewy, for appellee.

Before SCHWARTZ, C.J., and HUBBART and DANIEL S. PEARSON, JJ.


HUBBART, Judge.

This is an appeal by the state from an order suppressing, in part, certain evidence obtained from the search of a private house. The central issue presented is whether a lessor's Fourth Amendment rights are invaded by an otherwise unreasonable search of his leased premises conducted by police where, as here, the lessor (1) retains and exercises a possessory interest in the said premises, and (2) is present on the premises with the permission of the...

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