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Kortum v. State

District Court of Appeal of Florida, Fifth District
Nov 29, 1984
459 So. 2d 477 (Fla. Dist. Ct. App. 1984)

Opinion

No. 84-48.

November 29, 1984.

Appeal from the Circuit Court, Seminole County, C. Vernon Mize, Jr., J.

James B. Gibson, Public Defender, and James R. Wulchak, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and W. Brian Bayly, Asst. Atty. Gen., Daytona Beach, for appellee.


The facts constituting the probable cause upon which the search warrant in this case was issued were independent and unrelated to an earlier illegal entry of the premises searched under the search warrant. Therefore, the search warrant was valid and the evidence seized under it was not tainted by the illegal entry and not subject to suppression. See Segura v. United States, ___ U.S. ___, 104 S.Ct. 3380, 82 L.Ed.2d 599 (1984).

AFFIRMED.

ORFINGER, J., and POWELL, R.W., Associate Judge, concur.


Summaries of

Kortum v. State

District Court of Appeal of Florida, Fifth District
Nov 29, 1984
459 So. 2d 477 (Fla. Dist. Ct. App. 1984)
Case details for

Kortum v. State

Case Details

Full title:EVA J. KORTUM, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Nov 29, 1984

Citations

459 So. 2d 477 (Fla. Dist. Ct. App. 1984)