State v. Ansley

McNULTY, Judge.

The state appeals pursuant to § 924.071, F.S. 1969, F.S.A. from an order suppressing certain evidence which was seized without a warrant. Testimony was taken on the motion to suppress in which two police officers swore that appellees Ansley and Hopper were stopped for a traffic violation and, thereafter, marijuana was observed in plain sight and seized. Appellee Hopper testified on behalf of both appel-lees denying the traffic violation and also denying that the marijuana was in plain sight. Obviously, it was a swearing match presenting a pure factual matter for the trial judge…