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STATE v. GOMEZ

No. 1D06-3043.

951 So.2d 71 (2007)

STATE of Florida, Appellant, v. Manuel GOMEZ, Appellee.

District Court of Appeal of Florida, First District.

March 12, 2007.

Attorney(s) appearing for the Case

Bill McCollum, Attorney General, and Terry P. Roberts, Assistant Attorney General, Office of the Attorney General, Tallahassee, for Appellant.

William Mallory Kent, Jacksonville, for Appellee.

PER CURIAM.

The State appeals from the circuit court's order granting appellee's motion to suppress evidence seized on December 1, 2005, during the search of a vehicle driven by appellee. The State argues that the search of the vehicle's passenger compartment was legal because it was incident to the lawful arrest of a passenger of the vehicle. We agree and reverse.

Only one witness testified at the suppression hearing in this case. Deputy United States Marshal...

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