STATE v. ZALDIVAR

No. 3D07-2933.

34 So.3d 76 (2010)

The STATE of Florida, Appellant, v. Yoander ZALDIVAR, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing En Banc Denied May 18, 2010.


Attorney(s) appearing for the Case

Bill McCollum, Attorney General, and Jill D. Kramer, Assistant Attorney General, for appellant.

Grey and Mourin, and Juan E. Mourin, Miami, for appellee.

Before SHEPHERD, CORTIÑAS, and SALTER, JJ.


SALTER, J.

The State appeals a circuit court order suppressing certain physical evidence and statements made by the defendant to law enforcement officers regarding a burglary. We reverse.

I. The Burglary

As noted by the trial court in the suppression order, the pertinent facts are not in dispute. On April 4, 2006, burglars removed some $300 in cash and two firearms from a business in Hialeah. The next day, a surveillance video...

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