Gillette v. State

District Court of Appeal of Florida

Gillette v. State

561 So. 2d 4, 1990 Fla. App. LEXIS 2427, 1990 WL 41671

CourtDistrict Court of Appeal of Florida

DecidedApril 12, 1990

DocketNo. 89-149

StatusPublished

Cited by2 cases

This text of 561 So. 2d 4 (Gillette 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.

Bluebook

Gillette v. State, 561 So. 2d 4, 1990 Fla. App. LEXIS 2427, 1990 WL 41671 (Fla. Ct. App. 1990).

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Opinion

COBB, Judge.

The appellant, Sandra Gillette, challenges the validity of a search warrant predicated upon the affidavit of an undisclosed confidential informant. The confidential informant had not supplied information in the past and was not a citizen informant; nor did the affidavit show independent indicia of reliability, i.e., inculpatory details independently corroborated by law enforcement personnel prior to issuance of the warrant, as in Illinois v. Gates, 462 U.S. 213, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983). Corroboration of easily accessible information does not establish the credibility of an informant. State v. Novak, 502 So.2d 990 (Fla. 3d DCA), review denied, 511 So.2d 299 (Fla.1987).

The instant factual scenario is very similar to that in Blue v. State, 441 So.2d 165 (Fla. 3d DCA 1983), wherein the court said:

To place our imprimatur on the warrant in the present case would be to sanction a search in every instance where a person of unknown reliability brings contraband to the police, tells them that he obtained it in a particular place, and that there is more where it came from. This is not the meaning of Illinois v. Gates.

See also Williams v. State, 531 So.2d 246 (Fla. 5th DCA 1988).

REVERSED.

W. SHARP and GOSHORN, JJ„ concur.

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COBB, Judge.

The appellant, Sandra Gillette, challenges the validity of a search warrant predicated upon the affidavit of an undisclosed confidential informant. The confidential informant had not supplied information in the past and was not a citizen informant; nor did the affidavit show independent indicia of reliability, i.e., inculpatory details independently corroborated by law enforcement personnel prior to issuance of the warrant, as in Illinois v. Gates, 462 U.S. 213, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983). Corroboration of easily accessible information does not establish the credibility of an informant. State v. Novak, 502 So.2d 990 (Fla. 3d DCA), review denied, 511 So.2d 299 (Fla.1987).

The instant factual scenario is very similar to that in Blue v. State, 441 So.2d 165 (Fla. 3d DCA 1983), wherein the court said:

To place our imprimatur on the warrant in the present case would be to sanction a search in every instance where a person of unknown reliability brings contraband to the police, tells them that he obtained it in a particular place, and that there is more where it came from. This is not the meaning of Illinois v. Gates.

See also Williams v. State, 531 So.2d 246 (Fla. 5th DCA 1988).

REVERSED.

W. SHARP and GOSHORN, JJ„ concur.

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561 So. 2d 4, 1990 Fla. App. LEXIS 2427, 1990 WL 41671, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gillette-v-state-fladistctapp-1990.

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