HERMAN HILTON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Florida appellate court affirmed conviction for lottery paraphernalia possession, holding that police affidavits regarding lottery activity provided sufficient probable cause for search warrants.
Affidavits by investigating police officers concerning purported lottery activity provide sufficient probable cause to support issuance of search warrants.
[1] Affidavits by investigating police officers regarding lottery activity provide sufficient probable cause to support issuance of search warrants for a residence and vehicl…
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Join FLexlaw to unlock all legal intelligencePolice officers executed affidavits regarding lottery activity and obtained search warrants for the appellant's home and vehicle, which resulted in se…
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SCHWARTZ, Chief Judge.
After oral argument before a three judge panel this case has been considered by the en banc court upon supplemental briefs. The controlling issue concerns the sufficiency of affidavits executed by investigating police officers concerning purported lottery activity to support the issuance of search warrants for the appellant’s home and vehicle. The trial judge determined that probable cause had in fact been demonstrated and accordingly denied the motion to suppress contraband secured when the warrants were served. We agree with this conclusion and accordingly affirm the defendant’s conviction for possession of paraphernalia entered upon a nolo plea which preserved the issue for appellate review.
We reach this conclusion upon the authority of the decisions of Labrada v. State, 531 So. 2d 1034 (Fla. 3d DCA 1988) and Machado v. State, 363 So. 2d 1132 (Fla. 3d DCA 1978), cert. denied, 373 So. 2d 459 (Fla.1979) which upheld the sufficiency of virtually identical supporting affidavits. See also State v. Cross, 535 So. 2d 282 (Fla. 3d DCA 1988) (en banc); State v. Maya, 529 So. 2d 1282 (Fla. 3d DCA 1988). To the extent that Rodriguez v. State, 420 So. 2d 655 (Fla. 3d DCA 1982), pet. for review denied, 429 So. 2d 7 (Fla.1983) is in conflict with Labrada, Machado or this holding, it is overruled.
AFFIRMED.
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Citator
Cited By
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Saad v. State, 541 So. 2d 649 (Fla. 3d DCA 1989)…PER CURIAM. Affirmed. See and compare Hilton v. State, 537 So. 2d 1137 (Fla. 3d DCA 1989); [*650] Labrada v. State, 531 So. 2d 1034 (Fla. 3d DCA 1988).…
Authorities Cited
- State v. Maya, 529 So. 2d 1282 (Fla. 3d DCA 1988)
- MacHado v. State, 363 So. 2d 1132 (Fla. 3d DCA 1978)
- Labrada v. State, 531 So. 2d 1034 (Fla. 3d DCA 1988)
- Montero v. Compugraphic Corp., 531 So. 2d 1034 (Fla. 3d DCA 1988)
- State v. Cross, 535 So. 2d 282 (Fla. 3d DCA 1988)
- Holbein Rodriguez v. State, 420 So. 2d 655 (Fla. 3d DCA 1982)