STATE v. PURIFOY

No. 98-915.

740 So.2d 29 (1999)

STATE of Florida, Appellant, v. James Lee PURIFOY, Jr., Appellee.

District Court of Appeal of Florida, First District.

March 26, 1999.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General; Randy L. Havlicak, Assistant Attorney General, Tallahassee, for Appellant.

Nancy A. Daniels, Public Defender; David P. Gauldin, Assistant Public Defender, Tallahassee, for Appellee.


VAN NORTWICK, J.

The state challenges an order suppressing evidence seized in a search of the residence shared by appellee, James Lee Purifoy, Jr., and Katrina Daly. The trial court granted appellee's motion to suppress on the grounds that, although Daly consented to the search, the police failed to obtain the consent of appellee, who was in custody and available to consent. Because the record reflects that Daly possessed common authority over the premises, she had...

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