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STATE v. EMMANUEL

No. 97-05351.

779 So.2d 310 (1998)

STATE of Florida, Appellant, v. Sherwin R. EMMANUEL, Appellee.

District Court of Appeal of Florida, Second District.

August 26, 1998.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Patricia E. Davenport, Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, Bartow, and Allyn Giambalvo, Assistant Public Defender, Clearwater, for Appellee.

CAMPBELL, Acting Chief Judge.

The State challenges the trial court order granting appellee's motion to suppress. We reverse.

Following a traffic stop and subsequent felony arrest for a prior charge of witness tampering, which appellee concedes was proper, law enforcement asked appellee for permission to search his vehicle. When appellee refused, one of the officers observed through a partially opened window a package...

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