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STATE v. HERNANDEZ

No. 3D04-947.

898 So.2d 1179 (2005)

The STATE of Florida, Appellant, v. Rudolfo HERNANDEZ, Reinaldo Muniz, Ricardo Muniz, Reynaldo Hernandez, Appellees.

District Court of Appeal of Florida, Third District.

April 6, 2005.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General and Thomas C. Mielke, Assistant Attorney General, for appellant.

Thomas W. Risavy, Miami, for appellees.

Before FLETCHER and CORTIÑAS, JJ. and SCHWARTZ, Senior Judge.

SCHWARTZ, Senior Judge.

The state appeals from an order suppressing marijuana found in the appellees' residence. Upon an acceptable view of the record, the court concluded that the contraband had been unconstitutionally discovered and then seized only when, without cognizable "exigent circumstances," cf. State v. Riggs, 890 So.2d 465 (Fla. 2d DCA 2004)(warrantless entry justified by founded concern for safety of occupants...

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