AQUILA A. BRADFORD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Bradford appeals his conviction for marijuana possession, contending that the search warrant affidavit lacked probable cause. The Florida appellate court affirmed, holding that the affidavit provided substantial basis for probable cause based on the informant's direct observation and corroborating details.
The affidavit provided a substantial basis for probable cause. The affidavit contained facts establishing the informant's basis of knowledge (direct observation at the location), the informant's credibility and reliability (named informant, not anonymous, with corroborating telephone conversation), and facts tending to verify the informant's information.
[1] An affidavit supporting a search warrant is sufficient if it demonstrates probable cause when considered as a whole.
[2] Probable cause for a search warrant may be established by the corroborated statements of a named informant.
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Join FLexlaw to unlock all legal intelligence“Considered as a whole, the affidavit provided a substantial basis for the magistrate's conclusion that probable cause existed.”
States the governing legal standard for evaluating probable cause in search warrant affidavits
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Join FLexlaw to unlock all legal intelligenceAn informant named Bishop Lee McCants was arrested for marijuana delivery and interviewed by police. McCants stated he had visited Bradford's residenc…
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MILLS, Judge.
Bradford appeals his conviction for possession of more than twenty grams of marijuana. Bradford pled nolo contendere to the charge, specifically reserving the right to appeal the denial of his motion to suppress. The contention on appeal is that the affidavit supporting the search warrant did not demonstrate probable cause. We disagree and affirm.
The affidavit was executed by a police officer and contains the following to demonstrate probable cause:
That on 12/13/82, following his arrest for delivery of marijuana, the affiant interviewed Bishop Lee McCants at the Escambia County Sheriff’s Department, Investigation Division. McCants stated that he had been to the above described location on Friday evening, 12/10/82, where he (McCants) made contact with a black male identified as Junior Bradford. McCants further stated that Bradford gave him (McCants) a plastic bag containing several smaller bags of marijuana for which he (Bradford) stated he wanted to be paid seventy five dollars after the marijuana was sold. McCants also stated that during this meeting with Bradford, he (McCants) observed a larger quantity of marijuana at the above described location. The plastic bag of marijuana which Bradford had given McCants was delivered to undercover officer, Terry Kilgore, in the parking lot of the Racetrack Service Station on Highway 29 on 12/13/82, at approximately 2:40 P.M. During the interview with McCants, he (McCants) placed a phone call to the above described location (478-9007). During this call, McCants talked to a subject identified as Junior. McCants told Bradford that he (McCants) would be coming to his (Bradford’s) house in about one hour and a half. At this time McCants asked “what more you got?” At this time the subject identified as Junior answered “Pm still good, Pm still good”.
From the above listed facts, this affiant does believe that marijuana is being kept at the above described location.
The affidavit contains facts showing the basis of the informant’s knowledge; specifically, that McCants was with Bradford in Bradford’s house on 10 December 1982 when McCants saw the marijuana.
The affidavit also contains facts showing the credibility of the informant and the reliability of his information. The informant was not anonymous, but named in the affidavit. The affiant was present when the informant had a telephone conversation tending to verify the information he had already given.
Considered as a whole, the affidavit provided a substantial basis for the magistrate’s conclusion that probable cause existed. Illinois v. Gates, — U.S. -, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983); Zaner v. State, 444 So. 2d 508, (Fla. 1st DCA 1984).
AFFIRMED.
SMITH and NIMMONS, JJ., concur.
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State v. Noreen Marie Wildes, 468 So. 2d 550 (Fla. 5th DCA 1985)…indicating the presence of contraband at the residence authorized to be searched. The State cites the usual cases1 and Tippins v. State, 454 So. 2d 630 (Fla. 5th DCA 1984); State v. Vanwinkle, 444 So. 2d 1005 (Fla. 5th DCA 1984); Bradford v. State, 448 So. 2d 1231 (Fla. 1st DCA 1984); Zaner v. State, 444 So. 2d 508 (Fla. 1st DCA 1984); Graham v. State, 438 So. 2d 114 (Fla. 2d DCA 1983). Defendant cites Blue v. State, 441 So. 2d 165 (Fla. 3d DCA 1983). We will not undertake to reconcile or distinguish the cas…
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State v. Englehorn, 471 So. 2d 1363 (Fla. 1st DCA 1985)…hat the contraband would be found in the particular place described in the affidavit. Massachusetts v. Upton, — U.S. -, 104 S.Ct. 2085, 80 L.Ed.2d 721 (1984), Illinois v. Gates, 462 U.S. 213, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983); Bradford v. State, 448 So. 2d 1231 (Fla. 1st DCA 1984). Consequently, the trial court erred in suppressing the evidence on the basis that there was no probable cause to justify issuance of the search warrant. However, since the court did not rule on the other two grounds asserted by…
Authorities Cited
- Illinois v. Gates et ux., 462 U.S. 213 (U.S. 1983)
- Zaner v. State, 444 So. 2d 508 (Fla. 1st DCA 1984)