ELSON v. STATE

No. 96-0696.

688 So.2d 465 (1997)

Kenneth S. ELSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

March 5, 1997.


Attorney(s) appearing for the Case

Philip G. Butler, Jr. of Butler & Brown, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee.


KLEIN, Judge.

Appellant was convicted of possession of marijuana in excess of twenty grams and possession of paraphernalia, and appeals the denial of his motion to suppress. We reverse.

Appellant lived with a woman and her twelve year old daughter, and he had an office in their home which was "off limits" to the child. She went into the room, however, in search of a pencil and found marijuana in a desk drawer. She did nothing at that time, but several days...

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