STATE v. MOBLEY

No. 5D11-3606.

98 So.3d 124 (2012)

STATE of Florida, Appellant, v. Tomesia E. MOBLEY, Appellee.

District Court of Appeal of Florida, Fifth District.

July 20, 2012.


Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, Tallahassee, and Wesley Heidt , Assistant Attorney General, Daytona Beach, for Appellant.

James S. Purdy , Public Defender, and Rose M. Levering , Assistant Public Defender, Daytona Beach, for Appellee.


COHEN, J.

The State appeals the order granting Tomesia Mobley's motion to suppress certain drugs obtained from her purse. The unsworn motion alleged the drugs were obtained through a warrantless search and without consent.

A hearing on the motion was initially set for September 13, 2011, and the State moved to continue the hearing when the arresting officer did not appear. Mobley was also not present for this hearing. At the hearing rescheduled for October...

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