STEVE CONATSER, PETITIONER,
v.
CLIFTON BROWN, AN INDIVIDUAL, AND SHANE CAMPBELL, AN INDIVIDUAL, JOINTLY AND SEVERALLY, RESPONDENTS
PER CURIAM.
Steve Conatser seeks certiorari review of a circuit court order which requires him to submit to a physical examination but prohibits his attorney from being present. As a general rule, absent any valid reason to exclude the patient’s counsel or other representative, their presence should be allowed. Stakely v. Allstate Insurance Co., 547 So. 2d 275 (Fla. 2d DCA1989). The record in the present case does not support the trial court’s decision to bar counsel from the examination.
Accordingly, the petition for writ of certiorari is granted and this case is remanded to the circuit court for further proceedings consistent with this opinion.
CAMPBELL, A.C.J., and HALL and THREADGILL, JJ., concur.
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Pagan v. State, 830 So. 2d 792 (Fla. 2002)…al basis for ... concluding]” that probable cause existed. 462 U.S. at 238-39, 103 S.Ct. 2317. This determination must be made by examination of the four corners of the affidavit. See Schmitt v. State, 590 So. 2d 404 (Fla. 1991); Delacruz v. State, 603 So. 2d 707 (Fla. 2d DCA 1992). The affidavit must state that the affiant has personal knowledge of the confidential informant’s veracity or the affidavit must contain sufficient independent corroborating evidence. As this Court said in State v. Peterson, 739 S…
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Smith v. State, 637 So. 2d 351 (Fla. 1st DCA 1994)…exception to the exclusionary rule, as set forth in Leon. A warrant affidavit based on information from confidential informants must contain at least some information about the informants’ reliability and/or basis for knowledge. Delacruz v. State, 603 So. 2d 707, 709 (Fla. 2d DCA 1992), citing Brown v. State, 561 So. 2d 1248 (Fla. 2d DCA 1990). In Brown, officers gave money to an informant, with which he told them he had purchased drugs -at a certain residence. The officers obtained a search warrant, based…
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McCALL v. State, 684 So. 2d 260 (Fla. 4th DCA 1996)…search of the confidential informant immediately before and after a controlled buy in order to establish the credibility of the informant’s information. See State v. Adams, 436 So. 2d 276 (Fla. 4th DCA 1983). On the other hand, in Delacruz v. State, 603 So. 2d 707 (Fla. 2d DCA 1992), the absence of any search, whatsoever, of the confidential informant, prior to or after the buy, led the trial court to conclude that the buy was not sufficiently controlled. The trial court used its discretion to determine that…
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- Stakley v. Allstate Ins. Co., 547 So. 2d 275 (Fla. 2d DCA 1989)