Florida District Courts of Appeal, 1989

Tim v. State

Tim v. State
Florida District Courts of Appeal · Decided December 8, 1989 · Frank, Lehan, Parker
553 So. 2d 370; 14 Fla. L. Weekly 2834; 1989 Fla. App. LEXIS 6850; 1989 WL 147940 (Southern Reporter, Second Series)

Tim v. State

Opinion of the Court

PER CURIAM.

Pursuant to our prior decision in Sotolongo v. State, 530 So.2d 514 (Fla. 2d DCA 1988), in which we reversed the trial court’s denial of a motion to suppress evidence filed by appellant’s codefendant, and because the facts in both cases are indistinguishable, the denial of appellant’s motion to suppress evidence is reversed. We reject the state’s argument that the “good faith” exception to the warrant requirement enunciated in United States v. Leon, 468 U.S. 897, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984), should apply.

LEHAN, A.C.J., and FRANK and PARKER, JJ., concur.

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