STATE OF FLORIDA, APPELLANT,
v.
KIRK BRYAN MCCRERY, APPELLEE; STATE OF FLORIDA, APPELLANT, V. LILA SUBHIYA GUERTIN, APPELLEE
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The State of Florida appealed an order suppressing evidence from a search of appellees' residence. The trial court had found the search warrant's description of property to be seized was insufficiently particular, but the appellate court reversed, finding the warrant adequately described the controlled substances sought.
The search warrant adequately described the property to be seized and satisfied the particularity requirement. The description of controlled substances, specifically cocaine and cannabis, along with related records and evidence of felony possession and intent to sell, was sufficiently particular under the circumstances.
[1] A search warrant's description of property to be seized is constitutionally adequate when it sufficiently specifies the property, considering the nature of the items soug…
[2] When contraband is sought, courts are generally less demanding in their description requirements for a search warrant.
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Join FLexlaw to unlock all legal intelligence“In determining the degree of specificity required in the description of goods to be seized, it is necessary to look at the nature of the thing to be seized and the particular circumstances of the case.”
Establishes the standard for evaluating warrant particularity
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Join FLexlaw to unlock all legal intelligenceA Gainesville police officer applied for a search warrant based on an affidavit explaining why he believed cannabis and cocaine were located at appell…
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THOMPSON, Judge.
This is a consolidated appeal from an order granting the appellees’ motions to suppress evidence. The State argues that the trial court erred by finding that the search warrant herein failed to state with particularity the property to be seized. We agree and reverse.
A Gainesville police officer applied for a warrant to search the appellees’ residence. He explained in detail why he thought cannabis and cocaine were located on the premises. He also explained why he believed that the appellee McCrery was dealing in large amounts of illegal narcotics. Based upon the police officer’s affidavit, a search warrant was issued, authorizing a search for the following items: “contraband being controlled substances under Chapter 893 Florida State Statutes including cocaine, cannabis and records and notes of narcotic transactions as well as evidence of the commission of a felony; to wit: possession and possession with intent to sell or deliver cocaine and/or cannabis.”
The search warrant was executed, and the appellee McCrery was subsequently charged with possession of more than 20 grams of cannabis, while the appellee Guer-tin was charged with possession of cannabis. The appellees filed motions to suppress all evidence seized from their residence, and these motions were granted.
“In determining the degree of specificity required in the description of goods to be seized, it is necessary to look at the nature of the thing to be seized and the particular circumstances of the case.” Pezzella v. State, 390 So. 2d 97, 99 (Fla. 3d DCA 1980). “When contraband is sought, the courts have been least demanding in their description requirements.” Id. at 99 n. 1. Of course, the standard of reasonableness must be applied. Given these considerations, we find that the search warrant herein adequately described the property to be seized.
The instant case may be contrasted with Pezzella, where the court found that the following description of property to be seized was constitutionally overbroad: “Possession of a controlled substance: In violation of F/S/S 896.13 [893.13].” Unlike the warrant in Pezzella, the search warrant here, on balance, sufficiently specifies the property to be seized. Thus, we reverse the trial court’s order. McCORD and SHIVERS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. McCRERY, 429 So. 2d 739 (Fla. 1st DCA 1983)…essary to go into detail concerning the post-September, 1980, proceedings in the trial court and subsequently in this Court on the State’s interlocutory appeal. After reversal by this Court of the trial judge’s suppression order in State v. McCrery, 402 So. 2d 49 (Fla. 1st DCA 1981), and the denial of certiorari in the Florida Supreme Court, 412 So. 2d 467 (Fla.1982), the defendants filed their motion for discharge. The trial court granted the defendants’ motion for discharge for the reason that the State h…
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Carlton v. State, 418 So. 2d 449 (Fla. 5th DCA 1982)…al situation with respect to expectations of privacy. See § 933.19, Fla.Stat. (1981); United States v. Ross, - U.S. -, 102 S.Ct. 2157, 72 L.Ed.2d 572 (1982); New York v. Belton, 453 U.S. 454, 101 S.Ct. 2860, 69 L.Ed.2d 768 (1981). State v. McCrery, 402 So. 2d 49 (Fla. 1st DCA 1981), review denied, 412 So. 2d 467 (Fla.1982), approved a warrant authorizing the search of a residence which described the property to be seized as “contraband being controlled substances under Chapter 893 Florida State Statutes inc…
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West v. State, 439 So. 2d 907 (Fla. 2d DCA 1983)…precisely describe all the items of contraband to be searched for and seized, the warrant was still not overbroad in light of the facts presented in the affidavit; it was as limited as circumstances reasonably permitted. See also, State v. McCrery, 402 So. 2d 49 (Fla. 1st DCA 1981), petition for review denied, 412 So. 2d 467 (Fla.1982) (warrant authorizing a search of defendant’s residence for “contraband being controlled substances under chapter 893, Florida State Statutes including cocaine, cannabis and r…1 / 2
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- Pezzella v. State, 390 So. 2d 97 (Fla. 3d DCA 1980)