Bauder v. State

District Court of Appeal of Florida

Bauder v. State

613 So. 2d 547, 1993 Fla. App. LEXIS 1444, 1993 WL 20361

CourtDistrict Court of Appeal of Florida

DecidedFebruary 2, 1993

DocketNo. 92-1019

StatusPublished

Cited by2 cases

This text of 613 So. 2d 547 (Bauder v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bauder v. State, 613 So. 2d 547, 1993 Fla. App. LEXIS 1444, 1993 WL 20361 (Fla. Ct. App. 1993).

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Opinion

PER CURIAM.

We reverse the judgment of conviction entered by the trial court on a holding that the affidavit given in support of a search warrant was totally devoid of factual recitations sufficient to raise the affiant-offi-cer’s suspicion to the level of probable cause. Rodriguez v. State, 297 So.2d 15 (Fla.1974). See also Illinois v. Gates, 462 U.S. 213, 239, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983) (information supplied for the issuance of a search warrant must demonstrate fair probability that evidence of crime will be uncovered). The evidence seized pursuant to the warrant should have been suppressed.

Reversed and remanded for further consistent proceedings.

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PER CURIAM.

We reverse the judgment of conviction entered by the trial court on a holding that the affidavit given in support of a search warrant was totally devoid of factual recitations sufficient to raise the affiant-offi-cer’s suspicion to the level of probable cause. Rodriguez v. State, 297 So.2d 15 (Fla.1974). See also Illinois v. Gates, 462 U.S. 213, 239, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983) (information supplied for the issuance of a search warrant must demonstrate fair probability that evidence of crime will be uncovered). The evidence seized pursuant to the warrant should have been suppressed.

Reversed and remanded for further consistent proceedings.

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613 So. 2d 547, 1993 Fla. App. LEXIS 1444, 1993 WL 20361, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bauder-v-state-fladistctapp-1993.

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