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STATE v. WEIL

No. 5D03-3800.

877 So.2d 803 (2004)

STATE of Florida, Appellant, v. Michael John WEIL, Appellee.

District Court of Appeal of Florida, Fifth District.

July 2, 2004.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Timothy D. Wilson, Assistant Attorney General, Daytona Beach, for Appellant.

Russell E. Crawford, Orlando, for Appellee.

TORPY, J.

The issue we confront is whether the lower court erred in suppressing evidence seized from Appellee's residence pursuant to a search warrant. Our resolution of this issue primarily turns on whether the search warrant application contained sufficient facts from which the issuing judge could reasonably infer that the items to be seized were probably in Appellee's residence. Alternatively, even if the warrant was...

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