GARY BAUDER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
GARY BAUDER, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
613 So. 2d 547
Florida District Court of Appeal, Third District (1993)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
We reverse the judgment of conviction entered by the trial court on a holding that the affidavit given in support of a search warrant was totally devoid of factual recitations sufficient to raise the affiant-offi-cer’s suspicion to the level of probable cause. Rodriguez v. State, 297 So. 2d 15 (Fla.1974). See also Illinois v. Gates, 462 U.S. 213, 239, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983) (information supplied for the issuance of a search warrant must demonstrate fair probability that evidence of crime will be uncovered). The evidence seized pursuant to the warrant should have been suppressed.
Reversed and remanded for further consistent proceedings.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Gentile v. Bauder, 718 So. 2d 781 (Fla. 1998)…rch warrant should have been suppressed because “the affidavit given in support of [the] search warrant was totally devoid of factual recitations sufficient to raise the affi-ant-officer’s suspicions to the level of probable cause.” Bauder v. State, 613 So. 2d 547, 547 (Fla. 3d DCA 1993) (Bauder I). Respondent subsequently filed this action under 42 U.S.C. § 1983 (1994), alleging that petitioner violated his constitutional rights. Petitioner filed a motion for summary judgment on her affirmative defense of q…
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Bauder v. Gentile, 697 So. 2d 1222 (Fla. 3d DCA 1997)…instant case, where this Court previously found that “the affidavit given in support of a search warrant was totally devoid of factual recitations sufficient to raise the affiant-officer’s suspicion to the level of probable cause,” Bauder v. State, 613 So. 2d 547 (Fla. 3d DCA), review denied, 624 So. 2d 268 (Fla.1993), the shield of immunity is lost. Accordingly, we find that the trial court erred, as a matter of law, by granting the defendant police officer’s motion for summary judgment. Reversed and rema…
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Valencia Cafe, Inc. v. Dep't of Bus. & Prof'l Reg., 712 So. 2d 846 (Fla. 3d DCA 1998)…PER CURIAM. Affirmed. § 120.569(2)(d), Fla. Stat. (Supp. 1996); Santos v. 47 Service Station, Inc., 613 So. 2d 547 (Fla. 3d DCA 1993).…
Authorities Cited
- Illinois v. Gates et ux., 462 U.S. 213 (U.S. 1983)
- Rodriguez v. State, 297 So. 2d 15 (Fla. 1974)