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STATE v. BOATMAN

No. 2D04-1956.

901 So.2d 222 (2005)

STATE of Florida, Appellant, v. Victor W. BOATMAN, Appellee.

District Court of Appeal of Florida, Second District.

April 13, 2005.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Amanda Lea Colon, Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, and Richard J. Sanders, Assistant Public Defender, Bartow, for Appellee.

ALTENBERND, Chief Judge.

The State appeals an order granting Victor W. Boatman's motion to suppress marijuana and psilocyn. Law enforcement officers discovered the contraband during a search incident to Mr. Boatman's arrest for a misdemeanor offense. Mr. Boatman argued, and the trial court agreed, that the arrest was unlawful because it was performed by a fellow officer who had not personally witnessed the misdemeanor offense. Because we conclude that the fellow officer...

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