Fernandes v. State

District Court of Appeal of Florida

Fernandes v. State

12 So. 3d 321, 2009 Fla. App. LEXIS 8677, 2009 WL 1883918

CourtDistrict Court of Appeal of Florida

DecidedJuly 2, 2009

DocketNo. 5D08-3622

StatusPublished

This text of 12 So. 3d 321 (Fernandes 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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Fernandes v. State, 12 So. 3d 321, 2009 Fla. App. LEXIS 8677, 2009 WL 1883918 (Fla. Ct. App. 2009).

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Opinion

PER CURIAM.

Appellant, Damien Fernandes [“Appellant”], appeals the trial court’s order denying his motion to suppress a search warrant after entering a plea of no contest.

At the suppression hearing, Appellant’s counsel argued that the search warrant was not valid because it was not based on probable cause. Defense counsel argued that the search warrant was issued solely based on information obtained from Appellant’s co-perpetrator, James Devine [“De-vine”], and was not corroborated in any way. It appears that Devine’s statement against penal interest, as well as the other facts recited in the affidavit of the law enforcement officer, provided sufficient corroboration to permit a finding of probable cause. Even if the warrant were not based on a sufficient affidavit, the good faith exception articulated in United States v. Leon, 468 U.S. 897, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984) applies.

AFFIRMED.

GRIFFIN, TORPY and LAWSON, JJ., concur.

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PER CURIAM.

Appellant, Damien Fernandes [“Appellant”], appeals the trial court’s order denying his motion to suppress a search warrant after entering a plea of no contest.

At the suppression hearing, Appellant’s counsel argued that the search warrant was not valid because it was not based on probable cause. Defense counsel argued that the search warrant was issued solely based on information obtained from Appellant’s co-perpetrator, James Devine [“De-vine”], and was not corroborated in any way. It appears that Devine’s statement against penal interest, as well as the other facts recited in the affidavit of the law enforcement officer, provided sufficient corroboration to permit a finding of probable cause. Even if the warrant were not based on a sufficient affidavit, the good faith exception articulated in United States v. Leon, 468 U.S. 897, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984) applies.

AFFIRMED.

GRIFFIN, TORPY and LAWSON, JJ., concur.

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12 So. 3d 321, 2009 Fla. App. LEXIS 8677, 2009 WL 1883918, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fernandes-v-state-fladistctapp-2009.

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