STATE v. WALLER

No. 4D05-1504.

918 So.2d 363 (2005)

STATE of Florida, Appellant, v. James WALLER, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 6, 2006.


Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Monique E. L'Italien, Assistant Attorney General, West Palm Beach, for appellant.

Phillip Menditto of Fred Haddad, P.A., Fort Lauderdale, for appellee.


PER CURIAM.

James Waller was charged with possession of cannabis. He filed a motion to suppress that was granted by the trial court. The State appeals. We reverse.

In his motion to suppress, Waller alleged that evidence in his case should be suppressed for six reasons: that the evidence was seized without a warrant; that the evidence was not seized incident to a lawful arrest; that the evidence was not seized incident to any valid consent; that the evidence...

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