ERNEST LEE MILTON, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• A.W. v. State, 82 So. 3d 1136 (Fla. 4th DCA 2012)
  …cer who is engaged in the execution of a legal duty, if the law enforcement officer was acting in good faith and he or she is known, or reasonably appears, to be a law enforcement officer. § 776.051(1), Fla. Stat. (2009). Compare Gonzalez v. State, 38 So. 3d 226, 229 (Fla. 2d DCA 2010) (explaining that, in exclusionary rule context, an officer has acted in “good faith” where an officer “ ‘has acted in an objectively reasonable manner, in objective good faith, and as a reasonably well-trained officer would a…
• M.D. v. State, 65 So. 3d 563 (Fla. 1st DCA 2011)
  …efendant in the cafeteria. This leaves only the first finding — the anonymous tip. Anonymous tips only support probable cause when they are corroborated (see Davis v. State, 346 So. 2d 141, 142 (Fla. 1st DCA 1977)) and timely. See Gonzalez v. State, 38 So. 3d 226, 229 (Fla. 2d DCA 2010). The tip here fails on both criteria. The information the resource officer received indicated defendant had a gun on school grounds three months prior. It did not indicate defendant had a gun on his person that day. Nor did i…
• Mesa v. State, 77 So. 3d 218 (Fla. 4th DCA 2011)
  …584 So. 2d 65, 68 (Fla. 1st DCA 1991)). The good faith exception does not apply where the affidavit is so lacking in probable cause and fails to establish a nexus between the objects of the search and the residence to be searched. Gonzalez v. State, 38 So. 3d 226, 230 (Fla. 2d DCA 2010); Garcia, 872 So. 2d at 330. Although a magistrate’s probable cause determination is entitled to “great deference” when based upon a probable cause affidavit, the court should not defer if there is no substantial basis for co…

Authorities Cited

• Washington v. Recuenco, 548 U.S. 212 (U.S. 2006)