BERRY O. RUSSELL, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By (13 total)

• Dufour v. State, 495 So. 2d 154 (Fla. 1986)
  …amply served to provide for the magistrate a time frame in which to conclude that the jewelry and the handgun could well be contained in appellant’s apartment. Appellant lodges his final attack on the affidavit under the authority of Blue v. State, 441 So. 2d 165 (Fla. 3d DCA 1983). Such an argument is without merit. Contrary to appellant’s assertions, the affidavit under these circumstances required no explicit statement that the jewelry and gun could be located in appellant’s apartment. Because the items c…
• Vasquez v. State, 491 So. 2d 297 (Fla. 3d DCA 1986)
  ….Ed.2d at 517, (citations omitted). “Veracity” and “basis of knowledge” are among the factors to be considered in assessing the reliability of information. Gates, 462 U.S. at 233, 236, 103 S.Ct. at 2329, 2332, 76 L.Ed.2d at 545, 547; Blue v. State, 441 So. 2d 165, 167 (Fla. 3d DCA 1983); Yesnes v. State, 440 So. 2d 628, 632 (Fla. 1st DCA 1983). The affidavit before us contains no information regarding the source’s credibility; not a single circumstance is set forth in the affidavit to enable the judge to eva…
• State v. Novak, 502 So. 2d 990 (Fla. 3d DCA 1987)
  …d as a citizen-informant despite being named in the affidavit. In deciding whether a search warrant affidavit contains probable cause, numerous cases have held that the still highly relevant inquiry about the informant’s veracity, see Blue v. State, 441 So. 2d 165 (Fla.3d DCA 1983), is satisfactorily answered by the mere showing that the informant is an ordinary citizen, an eyewitness, a disinterested bystander, or a victim of the crime. See W. LaFave, Search & Seizure § 3.4(a) (2d ed. 1987). The various just…

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Authorities Cited

• Stonewall Jackson v. State, 413 So. 2d 112 (Fla. 2d DCA 1982)
• Watson v. State, 437 So. 2d 702 (Fla. 4th DCA 1983)
• Jewel Evangeline Rowan v. State, 252 So. 2d 851 (Fla. 3d DCA 1971)
• In re the Fort Lauderdale Symphony Orchestra Ass'n, Inc. v. State of Fla. Dep't of Labor & Emp. Sec., 405 So. 2d 1365 (Fla. 4th DCA 1981)
• Beck v. State, 405 So. 2d 1365 (Fla. 4th DCA 1981)
• Dupree v. State, 436 So. 2d 317 (Fla. 1st DCA 1983)