State v. Ashley

District Court of Appeal of Florida

State v. Ashley

445 So. 2d 669, 1984 Fla. App. LEXIS 11912

CourtDistrict Court of Appeal of Florida

DecidedFebruary 21, 1984

DocketNo. 83-1314

StatusPublished

This text of 445 So. 2d 669 (State v. Ashley) 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

State v. Ashley, 445 So. 2d 669, 1984 Fla. App. LEXIS 11912 (Fla. Ct. App. 1984).

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Opinion

BASKIN, Judge.

Norris Ashley was charged with trafficking and possession of cocaine. Cocaine was seized from Ashley’s place of business pursuant to two search warrants which Ashley challenged by filing motions to suppress in the trial court. Finding that the affidavits lacked sufficient facts to establish probable cause, the trial court granted the motions to suppress. The state appealed.

The state contends that the trial court erred in applying too rigorous a standard to the issuance of the search warrants which were proper under the “totality of circumstances” test set forth in Illinois v. Gates, — U.S. -, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983). We reject the state’s argument and hold that the supporting affidavits fail to allege sufficient facts to justify the search warrants under either the reliability-credibility test of Aguilar v. Texas, 378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed.2d 723 (1964) and Spinelli v. United States, 393 U.S. 410, 89 S.Ct. 584, 21 L.Ed.2d 637 (1969), or the more flexible test of Illinois v. Gates. See Blue v. State, 441 So.2d 165 (Fla. 3d DCA 1983). We therefore affirm the trial court’s order granting defendant’s motions to suppress.

Affirmed.

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BASKIN, Judge.

Norris Ashley was charged with trafficking and possession of cocaine. Cocaine was seized from Ashley’s place of business pursuant to two search warrants which Ashley challenged by filing motions to suppress in the trial court. Finding that the affidavits lacked sufficient facts to establish probable cause, the trial court granted the motions to suppress. The state appealed.

The state contends that the trial court erred in applying too rigorous a standard to the issuance of the search warrants which were proper under the “totality of circumstances” test set forth in Illinois v. Gates, — U.S. -, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983). We reject the state’s argument and hold that the supporting affidavits fail to allege sufficient facts to justify the search warrants under either the reliability-credibility test of Aguilar v. Texas, 378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed.2d 723 (1964) and Spinelli v. United States, 393 U.S. 410, 89 S.Ct. 584, 21 L.Ed.2d 637 (1969), or the more flexible test of Illinois v. Gates. See Blue v. State, 441 So.2d 165 (Fla. 3d DCA 1983). We therefore affirm the trial court’s order granting defendant’s motions to suppress.

Affirmed.

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Bluebook (online)

445 So. 2d 669, 1984 Fla. App. LEXIS 11912, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ashley-fladistctapp-1984.

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