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STATE v. GRUE

No. 5D12-4812.

130 So.3d 256 (2013)

STATE of Florida, Appellant, v. Joseph Patrick GRUE, Appellee.

District Court of Appeal of Florida, Fifth District.

December 6, 2013.

Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, Tallahassee, and Pamela J. Koller , Assistant Attorney General, Daytona Beach, for Appellant.

Warren W. Lindsey of Law Office of Warren W. Lindsey, P.A., Winter Park, and David A. Henson of David A. Henson, P.A., Brevard, NC, for Appellee.

ON MOTION FOR REHEARING

COHEN, J.

We grant Grue's motion for rehearing in part, withdraw our previous opinion, and replace it with the following.

The State appeals an order granting Joseph Grue's motion to suppress. The issue on appeal is whether there was sufficient evidence to establish probable cause — based upon a police K-9's alert — set forth in the affidavit to support the issuance...

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