STATE v. HITE

No. 93-02719.

642 So.2d 55 (1994)

STATE of Florida, Appellant, v. Richard HITE, Appellee.

District Court of Appeal of Florida, Second District.

August 24, 1994.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Anne Y. Swing, Asst. Atty. Gen., Tampa, for appellant.

Phillip R. Wasserman, Clearwater, for appellee.


FULMER, Judge.

We reverse an order suppressing marijuana plants which were discovered when a law enforcement officer shined a flashlight toward the defendant's partially-open closet door. Because the officer was in the room with the consent of the defendant, any contraband within plain view was subject to a seizure.

At approximately 10:00 p.m. on March 6, 1993, several deputies responded to a report of gunshots being...

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