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STATE v. ROQUE

No. 3D01-1983.

809 So.2d 50 (2002)

The STATE of Florida, Appellant, v. Ruben H. ROQUE, Appellee.

District Court of Appeal of Florida, Third District.

February 6, 2002.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, and John D. Barker, Assistant Attorney General, for appellant.

Bennett H. Brummer, Public Defender, and Robert Kalter, Assistant Public Defender, for appellee.

Before SCHWARTZ, C.J., and COPE, and GERSTEN, JJ.

PER CURIAM.

The State of Florida appeals an adverse order granting Ruben H. Roque's ("defendant") motion to suppress, claiming fingerprint evidence found on a cigarette carton in a burglarized home provided probable cause to arrest the defendant. We agree and reverse.

The defendant was arrested for burglary after his fingerprint was identified on a half-empty carton of cigarettes found in a burglarized home. The break-in was reported by the son of the owners...

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