Opinion
Case No. 97-2683.
Decision filed April 1, 1998. JANUARY TERM 1998.
Appeal of a non-final order from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Susan Lebow, Judge; L.T. Case No. 97-7873 CF10A.
Robert A. Butterworth, Attorney General, Tallahassee, and Denise M. Mitchell, Assistant Attorney General, West Palm Beach, for appellant.
Richard L. Jorandby, Public Defender, and Cherry Grant, Assistant Public Defender, West Palm Beach, for appellee.
AFFIRMED.
GUNTHER, and KLEIN, JJ., concur.
STONE, C.J., concurs specially with opinion.
I concur separately only to note that, in my judgment, the statute in question would not mandate suppressing the evidence uncovered in the search here but for the state's apparent concession at the motion to suppress hearing that the statute applied and its failure to raise before the trial court the issue asserted on appeal.