WILLIE SUGGS, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Kelly v. State, 508 So. 2d 568 (Fla. 2d DCA 1987)
  …rant. We only address the first issue which questions whether a search warrant is valid when the supporting affidavit is not attached to it. Appellant cites two cases out of this court which lend some confusion to that question. In State v. Carson, 482 So. 2d 405 (Fla. 2d DCA 1985) and Booze v. State, 291 So. 2d 262 (Fla. 2d DCA), cert. denied, 297 So. 2d 836 (Fla.1974) (which Carson relied upon), the description in the actual search warrant of the premises to be searched was admittedly deficient. In both Ca…
• State v. Kingston, 617 So. 2d 414 (Fla. 2d DCA 1993)
  …that an affidavit will cure a defective search warrant if: (1) The affidavit and search warrant are physically connected so that they may be considered one document; and (2) the affidavit is expressly incorporated into the warrant. State v. Carson, 482 So. 2d 405 (Fla. 2d DCA 1985), rev. denied, 492 So. 2d 1330 (Fla.1986). Detective Marquiss testified at the suppression hearing that his staff prepared the packet of material that he presented to the judge containing the affidavit, the search warrant and the…
• State v. Gayle, 573 So. 2d 968 (Fla. 5th DCA 1991)
  …n its face needs no affidavit attached. Kelly v. State, 508 So. 2d 568 (Fla. 2d DCA 1987). However, a defective warrant can be cured by an affidavit which is referenced in the warrant and which is physically attached to the warrant. State v. Carson, 482 So. 2d 405 (Fla. 2d DCA 1985), rev. denied, 492 So. 2d 1330 (Fla.1986). For both reasons, we think the search warrant was legally sufficient in this case. Section 933.04, Florida Statutes (1989) requires that a search warrant be issued only if probable cause…

Authorities Cited

• State v. Jackson, 478 So. 2d 1054 (Fla. 1985)
• O'Brien v. State, 478 So. 2d 497 (Fla. 5th DCA 1985)