STATE OF FLORIDA, APPELLANT,
v.
JUAN JORGE GARCIA, APPELLEE
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PER CURIAM.
Assuming that the search warrant affidavit in this case showed only a possibility rather than a probability of drugs being at the location to be searched, under Illinois v. Gates, 462 U.S. 213, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983), nevertheless it did not contain false information, and the search warrant based on it was regular on its face, was issued by a neutral and detached magistrate, and was served by law enforcement officers who acted in good faith and in reasonable reliance on the probable cause determination and the technical sufficiency of the warrant. Therefore, the seized evidence is admissible under United States v. Leon, 468 U.S. 897, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984), rehearing denied, 468 U.S. 1250, 105 S.Ct. 52, 82 L.Ed.2d 942 (1984). See also State v. Wildes, 468 So. 2d 550 (Fla. 5th DCA 1985).
We reverse the order granting the motion to suppress the evidence seized pursuant to the search warrant, and remand for further proceedings.
REVERSED AND REMANDED.
COBB and COWART, JJ., and DANIEL, C.W., Associate Judge, concur.
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State v. Enstice, 573 So. 2d 340 (Fla. 5th DCA 1990)…, 2265, 45 L.Ed.2d 416, 431 (1975). Applying the Leon standard literally, we are convinced the deficiencies in this affidavit are, at most, a case of weak drafting, not bad faith. State v. Moise, 522 So. 2d 1023 (Fla. 5th DCA 1988); State v. Garcia, 503 So. 2d 347 (Fla. 5th DCA), rev. denied, 511 So. 2d 298 (Fla. 1987); State v. Wildes, 468 So. 2d 550 (Fla. 5th DCA 1985). REVERSED. COWART, J., and ORFINGER, M., Associate Judge, concur. . The underlying affidavit is not contained in the record. . Additiona…
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Bd. of Trustees-City Supplemental Pension Fund for Firemen & Policemen in the City of Miami Beach v. Mendelson, 601 So. 2d 594 (Fla. 3d DCA 1992)…review will be available if needed.2 In this case the circuit court has done no more than order the Board of Trustees to conduct the hearing to which Mendelson is entitled. That is an appropriate function for mandamus. See Mayo v. City of Sarasota, 503 So. 2d 347, 350 (Fla. 2d DCA), review denied, 511 So. 2d 998 (Fla.1987); City of Tarpon Springs v. State ex rel. Meister, 392 So. 2d 1345, 1348 (Fla.2d DCA 1980). The Board of Trustees next argues that there was a procedural error in the circuit court. We agr…
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State v. Imanese Moise, 522 So. 2d 1023 (Fla. 5th DCA 1988)…. Gieseke, 328 So. 2d 16 (Fla.1976). Additionally, the warrant affidavit is sufficient under United States v. Leon, 468 U.S. 897, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984), to allow for the application of the good-faith exception.1 See State v. Garcia, 503 So. 2d 347 (Fla. 5th DCA), review denied, 511 So. 2d 298 (Fla.1987); State v. Wildes, 468 So. 2d 550 (Fla. 5th DCA 1985). Accordingly, the order of suppression entered below is reversed and the cause remanded for further proceedings in accordance with this op…
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- Illinois v. Gates et ux., 462 U.S. 213 (U.S. 1983)
- United States v. Leon, 468 U.S. 897 (U.S. 1984)
- Atkins v. Parker, 468 U.S. 1250 (U.S. 1984)
- State v. Noreen Marie Wildes, 468 So. 2d 550 (Fla. 5th DCA 1985)