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ORTIZ v. STATE

No. 5D08-1653.

24 So.3d 596 (2009)

Emmanuel ORTIZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

November 13, 2009.

Attorney(s) appearing for the Case

Frances Martinez, of Escobar, Ramirez & Associates, P.A., Tampa, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Mary G. Jolley, Assistant Attorney General, Daytona Beach, for Appellee.

ON MOTION FOR REHEARING EN BANC

MONACO, C.J.

We grant the motion for rehearing en banc requested by the State, withdraw our previously issued opinion, and substitute for it the following.

This case causes us to consider the parameters of the exigent circumstances doctrine as applied to a police officer's discovery of proscribed substances incident to an attempt to fulfill his non-investigative obligations. Because we conclude, as did the trial...

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