STATE v. HILL

No. 4D06-5046.

980 So.2d 1181 (2008)

STATE of Florida, Appellant, v. John and Jean HILL, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 30, 2008.


Attorney(s) appearing for the Case

Bill McCollum, Attorney General, Tallahassee, and Daniel P. Hyndman, Assistant Attorney General, West Palm Beach, for appellant.

David G. Vinikoor of David G. Vinikoor, P.A., Fort Lauderdale, for appellees.


STONE, J.

The state appeals an order granting John and Jean Hill's motions to suppress. We affirm. The trial court properly suppressed the evidence because search warrants are unlawfully executed where the search is conducted prior to physical possession of executed warrants or where the search is not conducted by the officer named in the warrants. See State v. Vargas, 667 So.2d 175

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