ROLAND NOYOLA, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• State v. Hunwick, 434 So. 2d 1000 (Fla. 4th DCA 1983)
  …t invalidate a search warrant. Neary v. State, 384 So. 2d 881 (Fla.1980). The trial court’s duty is to excise the invalid allegations and determine whether the independent and lawfully obtained information demonstrates probable cause. State v. Ward, 407 So. 2d 353 (Fla. 2d DCA 1981). In Comparato v. State, 419 So. 2d 1131 (Fla. 1st DCA 1982), the police officer had a reasonable suspicion to justify the initial stop of a vehicle and had probable cause to believe the vehicle contained drugs. The First District…
• Willis v. State, 148 So. 3d 480 (Fla. 2d DCA 2014)
  …earch warrant relating to the initial search of the cell phone cannot be considered in the determination of whether probable cause existed to obtain the search warrant. State v. Gibson, 670 So. 2d 1006, 1009 (Fla. 2d DCA 1996) (citing State v. Ward, 407 So. 2d 353 (Fla. 2d DCA 1981)). If the information in the affidavit used to obtain the warrant is edited to eliminate all reference to the knowledge obtained by the unauthorized search of the cell phone, the magistrate would have been informed only that the ce…
• State v. Gibson, 670 So. 2d 1006 (Fla. 2d DCA 1996)
  …arrantless search without probable eause, the statements in the affidavit for search warrant relating to this initial search cannot be considered in the determination of whether probable eause existed to obtain the search warrant. See State v. Ward, 407 So. 2d 353 (Fla. 2d DCA 1981). The state argues on appeal that the evidence should not be suppressed in light of the “independent source” and “inevitable discovery” doctrines. The state never presented these grounds to the trial court to consider; therefore,…

Authorities Cited

• Villery v. The Fla. Parole & Prob. Comm'n, 396 So. 2d 1107 (Fla. 1980)
• In re Florida Rules of Criminal Procedure, 196 So. 2d 124 (Fla. 1967)