STATE OF FLORIDA, APPELLANT,
v.
ARGELIO CRUZ, APPELLEE
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Florida appealed a trial court's suppression of evidence obtained via search warrant for suspected drug trafficking. The appellate court reversed, holding that the affidavit established probable cause for a controlled buy and that even if deficient, the good faith reliance doctrine under United States v. Leon applied.
The affidavit established probable cause for a controlled buy without requiring proof of the informant's reliability. The affidavit was not so lacking in indicia of probable cause that an executing officer could not reasonably rely on the magistrate's determination. Even if the affidavit were deficient, the good faith reliance doctrine of United States v. Leon applied.
[1] A controlled buy situation, as described in a search warrant affidavit, does not require the affidavit to factually establish the reliability of the confidential informan…
[2] A search warrant affidavit is not required to state the specific date when an affiant observed recent events described therein.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“That factor is unnecessary in a controlled buy situation.”
Establishes that informant reliability need not be proven when an officer observes the controlled transaction directly.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceA confidential informant told police on January 10, 1990, that he had purchased cannabis from Argelio Cruz at 209 Sweetgum Court approximately six mon…
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COBB, Judge.
The state appeals the trial court’s order suppressing evidence obtained pursuant to the execution of a search warrant predicated upon the sworn affidavit of a police officer which stated:
On January 10, 1990, your Affiant spoke with a confidential informant (C.I.), who gave your affiant information describing the residence and vehicles owned by the resident(s) at_ The C.I. further stated that he had purchased Cannabis from Argelio Cruz at 209 Sweetgum Court approximately six (6) months ago. Within the last seventy-two (72) hours, the C.I. was searched and found to be free of any controlled substances named in Section 893.03 F.S.; the C.I. was then given thirty dollars ($30.00) in U.S. currency, in denominations of one twenty-dollar bill, serial # G81960727G, and one ten-dollar bill, serial # B07596042I. Your Affiant followed the C.I. to 209 Sweetgum Court ... where the C.I. gave your Affiant a small quantity of Cannabis. The C.I. stated he purchased the Cannabis from Argelio Cruz while inside the residence at 209 Sweetgum Court.
The trial judge suppressed the evidence, apparently on the basis that the affidavit failed to factually establish the reliability of the confidential informant. That factor is unnecessary in a controlled buy situation. See State v. Georgoudiou, 560 So. 2d 1241 (Fla. 5th DCA), rev. denied, 574 So. 2d 141 (Fla.1990); State v. Vanwinkle, 444 So. 2d 1005 (Fla. 5th DCA), rev. denied, 450 So. 2d 489 (Fla.1984). There is no requirement that the search warrant affidavit state the specific date when an affiant observed recent events described therein. See State v. Enstice, 573 So. 2d 340 (Fla. 5th DCA 1990); State v. Drowne, 436 So. 2d 916 (Fla. 4th DCA 1983), rev. denied, 441 So. 2d 633 (Fla.1983); State v. Schwarzbauer, 342 So. 2d 1085 (Fla. 2d DCA 1977).
Moreover, the instant order of suppression was erroneous under the good faith reliance rule announced in United States v. Leon, 468 U.S. 897, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984). The search warrant was regular on its face, and the supporting affidavit was not so lacking in indicia of probable cause that the executing officer could not with reasonable objectivity rely upon the issuing magistrate’s probable cause determination. See State v. Wildes, 468 So. 2d 550, 551 (Fla. 5th DCA 1985).
The argument of the appellee is that the affidavit was considered to be ambiguous by the trial judge, and susceptible of the interpretation that some unspecified interval of time elapsed between the giving of the money to the C.I. and the following of the C.I. by the officer to the Sweetgum address. The appellee argues that the drugs later found on the C.I. after his exit from the Sweetgum premises could have been obtained during that interval.
We believe the appellee’s construction of the language in the affidavit is a strained and unrealistic one, and is not a “common sense” reading of the document. See Ens-tice. In any event, it does not refute the Leon good faith argument.
The trial court’s suppression order is reversed.
REVERSED.
DAUKSCH and DIAMANTIS, JJ., concur.
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Cited By
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State v. Montevechi, 582 So. 2d 1255 (Fla. 5th DCA 1991)…PER CURIAM. This appeal is from the same order of suppression reviewed in State v. Cruz, 582 So. 2d 20 (Fla.5th DCA 1991). The defendant in Cruz was a resident at the home searched pursuant to a search warrant, and this defendant, Richard Montevechi, apparently was visiting the home at the time the search warrant was executed. [*1256] We reverse the…
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Tedder v. State, 758 So. 2d 739 (Fla. 5th DCA 2000)…PER CURIAM. AFFIRMED. See State v. Cruz, 582 So. 2d 20 (Fla. 5th DCA 1991). COBB, W. SHARP, and GRIFFIN, JJ., concur.…
Authorities Cited
- United States v. Leon, 468 U.S. 897 (U.S. 1984)
- State v. Drowne, 436 So. 2d 916 (Fla. 4th DCA 1983)
- State v. Noreen Marie Wildes, 468 So. 2d 550 (Fla. 5th DCA 1985)
- State v. Georgoudiou, 560 So. 2d 1241 (Fla. 5th DCA 1990)
- State v. Enstice, 573 So. 2d 340 (Fla. 5th DCA 1990)
- State v. Vanwinkle, 444 So. 2d 1005 (Fla. 5th DCA 1984)
- State v. Schwarzbauer, 342 So. 2d 1085 (Fla. 2d DCA 1977)
- Comeau v. Safeco Ins. Co. OF Am., 342 So. 2d 1085 (Fla. 1st DCA 1977)