ALBERTY v. STATE

Nos. 87-2775, 87-3046.

536 So.2d 283 (1988)

Richard ALBERTY, Appellant/Cross-Appellee, v. The STATE of Florida, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Third District.

December 6, 1988.


Attorney(s) appearing for the Case

Frank A. Rubino, Coconut Grove, for appellant/cross-appellee.

Robert A. Butterworth, Atty. Gen., and Nancy C. Wear and Steven L. Scott, Asst. Attys. Gen., for appellee/cross-appellant.

Before BARKDULL, HUBBART and BASKIN, JJ.


PER CURIAM.

The trial court's rulings granting Defendant Alberty's motion to suppress evidence seized at the scene of the arrest and denying the motion to suppress evidence taken from his residence are the impetus behind these appeals. We find merit in Alberty's appeal, but not in the state's cross-appeal.

While conducting a surveillance regarding unrelated narcotics activities, Detective Orrett noticed an individual...

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