HOWARD HERRING, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
PER CURIAM.
The judgment of conviction and sentence under review is affirmed upon a holding that the trial court properly denied the defendant’s pre-trial motion to suppress without conducting an evidentiary hearing thereon as the said motion was legally insufficient and subject to a summary denial thereof because: (a) the motion fails to clearly state the reasons for suppression or a general statement of facts in support thereof as required by Fla.R.Crim.P. 3.190(h)(2), State v. Butterfield, 285 So. 2d 626 (Fla.4th DCA 1973), and (b) the motion fails to make the requisite showing under Delaware v. Franks, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978), to entitle the defendant to an evidentiary hearing on the veracity of the search warrant affidavits. Mason v. State, 375 So. 2d 1125 (Fla.1st DCA 1979).
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Williams v. State, 403 So. 2d 430 (Fla. 3d DCA 1981)…ble escape.”3 Id. 15 Wash.App. 98, 547 P. 2d at 298-99. Although there is no Florida case directly on point, Florida courts recognize that peril to an officer and likelihood of escape may justify a warrantless entry into a home.4 In State v. Moyer, 394 So. 2d 433 (Fla.2d DCA 1980), the court held that exigent circumstances exist where officers have reasonable fear of destruction of evidence and [*433] are informed that the suspect will leave in fifteen minutes. The critical factor in Moyer, supra, is the len…
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Diaz v. State, 34 So. 3d 797 (Fla. 4th DCA 2010)…o establish that sufficient time did not exist during this interim to procure a search warrant. In Hornblower, the court held that forty-five minutes was an unreasonable length of time and that the warrantless search was unjustified. State v. Moyer, 394 So. 2d 433, 435 (Fla. 2d DCA 1980) (citing Hornblower, 351 So. 2d at 717, and Wilson v. State, 363 So. 2d 1146 (Fla. 2d DCA 1978)) (stating “[t]he courts held that 45 minutes in Homblower and six hours in Wilson were unreasonable lengths of time and thus the w…
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State v. Hernandez, 841 So. 2d 469 (Fla. 3d DCA 2002)…and a general statement of the facts on which the motion is based.” Fla. R.Crim. P. 3.190(h)(2); see also State v. Gibson, 670 So. 2d 1006, 1008 n. 2 (Fla. 2d DCA 1996); Chapman v. State, 446 So. 2d 1186, 1187 (Fla. 4th DCA 1984); Herring v. State, 394 So. 2d 433, 433 (Fla. 3d DCA 1980). Furthermore, Florida Rule of Criminal Procedure 3.190(h)(3) requires the trial court, before hearing evidence, to determine if the motion to suppress is legally sufficient, and to deny the motion if the motion is not legally…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Franks v. Delaware, 438 U.S. 154 (U.S. 1978)
- State v. Wallace, 375 So. 2d 1125 (Fla. 3d DCA 1979)
- Alton H. Littlefield v. Littlefield, 285 So. 2d 626 (Fla. 4th DCA 1973)
- State v. Butterfield, 285 So. 2d 626 (Fla. 4th DCA 1973)