HOLBEIN RODRIGUEZ, HERBERT ANTONIO COLLAZOS-RAMIREZ, CARLOS AMADOR, ANTONIO LOPEZ, AND AMPARO RODRIGUEZ, APPELLANTS,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The defendants were convicted on pleas of nolo contendere of various lottery violations, specifically reserving their right to appeal the denial of their motions to suppress the tangible physical evidence of their lottery operation. We reverse.
We find that the affidavit in support of the search warrant did not establish probable cause that an illegal lottery operation was being conducted on the premises. The only connective between the suspicious activity and gambling was that brown paper bags were passed from third parties to occupants of the premises. The affiant made no attempt to characterize or describe the contents of the opaque containers. Thus, the affidavit failed to sufficiently reflect probable cause that an illegal lottery operation was being conducted. Pesce v. State, 288 So. 2d 264 (Fla. 4th DCA 1974); Murphy v. State, 402 So. 2d 1265 (Fla. 3d DCA 1981).
For the foregoing reasons, the judgments of conviction and order denying the defendants’ motion to suppress are reversed and the case is remanded for further proceedings.
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Hilton v. State, 537 So. 2d 1137 (Fla. 3d DCA 1989)…459 (Fla.1979) which upheld the sufficiency of virtually identical supporting affidavits. See also State v. Cross, 535 So. 2d 282 (Fla. 3d DCA 1988) (en banc); State v. Maya, 529 So. 2d 1282 (Fla. 3d DCA 1988). To the extent that Rodriguez v. State, 420 So. 2d 655 (Fla. 3d DCA 1982), pet. for review denied, 429 So. 2d 7 (Fla.1983) is in conflict with Labrada, Machado or this holding, it is overruled. AFFIRMED.…
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State v. Ramos, 445 So. 2d 1094 (Fla. 3d DCA 1984)…PER CURIAM. Affirmed. See Rodriguez v. State, 420 So. 2d 655 (Fla. 3d DCA 1982), review denied mem., 429 So. 2d 7 (Fla.1983).…
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Shaktman v. State, 529 So. 2d 711 (Fla. 3d DCA 1988)…bable cause that an illegal lottery operation was being conducted where the only connection between gambling and the premises to be searched was the passing of brown paper bags from third parties to the occupants of the premises, Rodriguez v. State, 420 So. 2d 655 (Fla. 3d DCA 1982), rev. denied, 429 So. 2d 7 (Fla.1983), we find that in the instant case the affidavits established in sufficient detail activities consistent with bookmaking. . Section 934.09, Florida Statutes (1983), provides in relevant part:…
Authorities Cited
- Pesce v. State, 288 So. 2d 264 (Fla. 4th DCA 1974)
- Murphy v. State, 402 So. 2d 1265 (Fla. 3d DCA 1981)