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STATE v. GENTILE

No. 4244.

373 S.C. 506 (2007)

646 S.E.2d 171

The STATE, Respondent, v. Omar Sharitt GENTILE, Appellant.

Court of Appeals of South Carolina.

Decided May 8, 2007.

Rehearing Denied June 28, 2007.

Attorney(s) appearing for the Case

Chief Attorney Joseph L. Savitz, III, Commission of Indigent Defense, of Appellate Defense, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Shawn L. Reeves, all of Columbia; and Solicitor Ralph E. Hoisington, of Charleston, for Respondent.

BEATTY, J.

A circuit court judge, during a bench trial, convicted Omar Gentile of trafficking in cocaine and possession with intent to distribute cocaine within proximity of a school. Gentile asserts the judge erred in denying his motion to suppress the drug evidence on the ground the search warrant was not supported by probable cause. We reverse.1

FACTS

At approximately 9:45 p.m. on July 10, 2004, officers with the narcotics...

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