Bauder v. State

District Court of Appeal of Florida

Bauder v. State

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

District Court of Appeal of Florida·Decided February 2, 1993·No. No. 92-1019·Published·Cited by 2 cases

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.

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

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