Florida District Courts of Appeal, 1972

State v. Joseph

Florida District Courts of Appeal · Decided November 17, 1972 · Cross, Mager, Owen

269 So. 2d 36 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Potashnick-Badgett Dredging Incorporated v. Whitfield (Fla. Dist. Ct. App. 1972)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Affirmed.

CROSS and OWEN, JJ., concur. MAGER, J., dissents, with opinion.

Dissenting Opinion

MAGER, Judge

(dissenting).

In my view, under the particular facts of this case, there was substantial compliance with F.S. Section 933.09, F.S.A. The narcotics paraphernalia and firearms were thus properly seized by the police officers and should not have been suppressed. Under the rationale of this court’s decisions in State v. Bell, Fla.App.1971, 249 So.2d 748, and State v. Clarke, Fla.App.1970, 242 So.2d 791, I would reverse and vacate the order of "the trial court and remand this cause for a trial on the merits.

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