394 So. 2d 1031

STATE of Florida, Appellant, v. Gregory CARLSON, Appellee.

No. 80-64.

District Court of Appeal of Florida, Second District.

Jan. 30, 1981.

Jim Smith, Atty. Gen., Tallahassee, and Michael A. Palecki, Asst. Atty. Gen., Tampa, for appellant.

B. Anderson Mitcham, Tampa, for appel-lee.

CAMPBELL, Judge.

This is a companion case to State v. Albano, 394 So.2d 1026 (Fla.2d DCA 1981). In both cases the state appeals the trial court’s order granting appellees’ motions to suppress tangible evidence seized during a war-rantless search of their persons and a vehicle following their arrest. The facts given in State v. Albano, supra, are also the facts in the instant case except Carlson did not have copies of the application for wiretap and resulting court order, though the record indicates he was aware that a wiretap and wiretap evidence existed.

Although Carlson did not have copies of the application and order, we reverse the trial court’s disallowance of the testimony at the hearing on the motion to suppress with regard to Carlson for the second reason discussed in Albano, supra, at 1030.

REVERSED AND REMANDED.

HOBSON, A. C. J., and OTT, J., concur.

State v. Carlson
394 So. 2d 1031

Case Details

Name
State v. Carlson
Decision Date
Jan 30, 1981
Citations

394 So. 2d 1031

Jurisdiction
Florida

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