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STATE v. CARTER

No. 1D09-702.

23 So.3d 798 (2009)

STATE of Florida, Appellant, v. Cathy L. CARTER, Appellee.

District Court of Appeal of Florida, First District.

November 30, 2009.

Attorney(s) appearing for the Case

Bill McCollum, Attorney General, and Joshua R. Heller, Assistant Attorney General, Tallahassee, for Appellant.

Jeremy Keich, Ramey & Bytel Attorneys, LLC, DeFuniak Springs, for Appellee.

CLARK, J.

The State appeals the suppression of evidence obtained from a pharmacy by an investigating law enforcement officer. Because section 893.07(4), Florida Statutes, requires pharmacies to make controlled substance records available to law enforcement officers, and does not require pharmacies to notify the patient or withhold such records until a warrant is presented, the order granting the motion to suppress is reversed.

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