STATE OF FLORIDA, APPELLANT,
v.
ROBERT ROSS, APPELLEE
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HERSEY, Judge.
We affirm the trial court’s order suppressing evidence seized under a search warrant. Because of a word processing error the warrant failed to contain a description of the specific property for which the search was authorized. Such facial invalidity precludes resort by the state to the good faith exception to the exclusionary rule enunciated in United States v. Leon, 468 U.S. -, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984). Indeed, the court in that case indicated that the exception should not be available where the warrant is facially deficient “in failing to particularize the place to be searched or the things to be seized” on the basis that the executing officer cannot, under such circumstances, “reasonably presume [the warrant] to be valid.” 104 S.Ct. at 3422.
AFFIRMED.
ANSTEAD, C.J., and DELL, J., concur.
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Pelycado Onroerend Goed B.V. v. Ruthenberg, 635 So. 2d 1001 (Fla. 5th DCA 1994)…with the statutes, the trial court had no jurisdiction. Smith v. Import Birds, Inc., 461 So. 2d 1026, 1027 (Fla. 4th DCA 1985). Failure to comply with these statutes mandates that service be quashed. Sierra Holding, Inc. v. Sharp Electronics Corp., 471 So. 2d 196, 197 (Fla. 4th DCA 1985). Ruthenberg agrees that there were slight defects in service. He argues, however, that the defects in service resulted from Pelycado and Peeters’ failure to register with the Secretary of State. Ruthenberg argues that the a…
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Everette Lamar Sims v. State, 483 So. 2d 81 (Fla. 1st DCA 1986)…d or the [*83] things to be seized” on the basis that the executing officer cannot, under such circumstances, “reasonably presume [the warrant] to be valid.” 104 S.Ct. at 3422; United States v. Accardo, 749 F. 2d 1477 (11th Cir.1985); State v. Ross, 471 So. 2d 196 (Fla. 4th DCA 1985). In view of our disposition on this issue, we do not consider it necessary to discuss the remaining argument urged by Sims. REVERSED. ERVIN and WIGGINTON, JJ., concur.…
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Green v. State, 688 So. 2d 301 (Fla. 1996)…s is so because the executing officers, relying on a warrant which fails to particularly describe the items to be seized, cannot reasonably presume the warrant to be valid. Id.; Sims v. State, 483 So. 2d 81, 82-83 (Fla. 1st DCA 1986); State v. Ross, 471 So. 2d 196 (Fla. 4th DCA), cert, denied, 474 U.S. 945, 106 S.Ct. 312, 88 L.Ed.2d 289 (1985). Nevertheless, the State argues that the admission of this evidence was harmless beyond a reasonable doubt because there was no dispute over what Green was wearing on…
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- United States v. Leon, 468 U.S. 897 (U.S. 1984)