STATE OF FLORIDA, APPELLANT,
v.
MICHAEL VIGNONE, APPELLEE
STATE OF FLORIDA, APPELLANT,
MICHAEL VIGNONE, APPELLEE
570 So. 2d 1112
Florida District Court of Appeal, Fifth District (1990)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The trial court granted appellee’s motion to suppress because it found that the confidential informant’s reliability had not been sufficiently established by the sheriff. We reverse. When an informant is not a confidential informant and gives his own independent affidavit in support of the warrant, it is not incumbent upon the police to establish his reliability. See State v. Robinson, 460 So. 2d 440 (Fla. 5th DCA 1984), cert. dismissed, 464 So. 2d 555 (Fla.1985). REVERSED and REMANDED for further proceedings.
GOSHORN, PETERSON and GRIFFIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Guertin, 650 So. 2d 1041 (Fla. 4th DCA 1995)…istrate presented with the information in the second affidavit is required to reject the warrant application under these circumstances. Additionally, the witness was clear and specific as to her credible sources of information. See State v. Vignone, 570 So. 2d 1112 (Fla. 5th DCA 1990). The determination by the issuing judge that there is probable cause is entitled to a presumption of correctness. E.g., Bonilla v. State, 579 So. 2d 802 (Fla. 5th DCA 1991). The record demonstrates that the issuing judge did hav…
Authorities Cited
- State v. Robinson, 460 So. 2d 440 (Fla. 5th DCA 1984)