Opinion

Tim v. State

14 Fla. L. Weekly 2834
553 So. 2d 370
1989 Fla. App. LEXIS 6850
1989 WL 147940

Court: District Court of Appeal of Florida
Filed: Dec 8, 1989
Status: Published
On the bench: Frank, Lehan, Parker
Cited by: 2 cases
Authority: More cited than 73.6%

The opinion

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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