State v. Rivera

DOWNEY, Judge.

This is a state appeal from an order suppressing marijuana seized from a marine vessel and from a dwelling. It is a companion case to Rizzo v. State ex rel. City of Pompano Beach, 396 So.2d 869 (Fla. 4th DCA 1981), opinion on rehearing filed this date, since it arose out of the same April 7, 1978, marijuana seizures involved in Rizzo.

The hearing on the appellees’ motion to suppress took place before a circuit judge other than the judge involved in Rizzo; it occurred some months after the Rizzo hearing; and it had different results.

In the present case the circuit court granted…