Florida District Courts of Appeal, 1975

Mays v. State

Mays v. State
Florida District Courts of Appeal · Decided May 2, 1975 · Cross, Downey, Walden
314 So. 2d 154; 1975 Fla. App. LEXIS 13677 (Southern Reporter, Second Series)

Mays v. State

Opinion of the Court

PER CURIAM.

Affirmed.

CROSS and DOWNEY, JJ., concur. WALDEN, J., dissents, with opinion.

Dissenting Opinion

WALDEN, Judge

(dissenting) :

Appellant’s conviction should be reversed and the case remanded for re-trial. The evidence seized pursuant to an invalid search should be suppressed. Coolidge v. New Hampshire, 403 U.S. 443, 91 S.Ct. 2022, 29 L.Ed.2d 564 (1971). This matter was preserved for our consideration and the denial of appellant’s motion to suppress manifestly constituted reversible error.

I do, therefore, dissent.

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