STATE v. E.D.R.

No. 5D06-2559.

959 So.2d 1225 (2007)

STATE of Florida, Appellant, v. E.D.R., a Child, Appellee.

District Court of Appeal of Florida, Fifth District.

June 22, 2007.


Attorney(s) appearing for the Case

Bill McCollum, Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Appellant.

James S. Purdy, Public Defender, and Marvin F. Clegg, Assistant Public Defender, Daytona Beach, for Appellee.


THOMPSON, J.

The State appeals an order suppressing all physical and testimonial evidence seized from E.D.R. by the Orlando Police Department. E.D.R. contended that the officers trespassed on private property and seized evidence without a warrant and absent any recognized exceptions to Fourth Amendment requirements against unreasonable searches and seizures. The undisputed facts show that E.D.R. was asleep, sitting on a porch open to the public, with cocaine in his...

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