STATE OF FLORIDA, APPELLANT,
v.
MARLENY FERNANDEZ-ARIAS AND ENEDIO ALEJO-ESPINOSA, APPELLEES

Fla. 5th DCA | 2016-05-13
Nos. 5D15-2384, 5D15-2385
LAWSON, C.J., SAWAYA and BERGER, JJ., concur.
191 So. 3d 976 Florida District Court of Appeal, Fifth District (2016)

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Synopsis

The State appeals a trial court's suppression of evidence from a marijuana grow operation search, arguing the trial court failed to give proper deference to the magistrate's probable cause determination. The appellate court reverses, holding that the magistrate properly issued the search warrant based on sufficient probable cause.


Holding

The appellate court held that the magistrate properly issued the search warrant based on sufficient probable cause, and the trial court erred in granting the motion to suppress by failing to give proper deference to the magistrate's finding.


Headnotes

[1] A magistrate's determination of probable cause for a search warrant should be accorded a presumption of correctness and not disturbed absent a clear demonstration that th…

[2] The task of an issuing magistrate is to make a practical, common sense decision whether, given all the circumstances, there is a fair probability that contraband or evide…

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Key Quotes

“A magistrate's determination should be accorded a presumption of correctness and not disturbed absent a clear demonstration that the issuing magistrate abused his discretion.”

Establishes the deferential standard of review for magistrate's probable cause determinations

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Facts & Procedural History

Police investigating a suspected marijuana grow operation compiled an affidavit for a search warrant. A circuit court magistrate found probable cause …

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Opinion of the Court
PER CURIAM.

*977PER CURIAM.

The State appeals the trial court’s order granting a motion to suppress filed by codefendants Marleny Femandez-Arias (“Arias”) and Enedio Alejo-Espinosa (“Es-pinosa”). In its order,, the trial■ court found that probable cause did not exist to support the issuance of a search warrant.

While investigating a suspected marijuana grow operation, police compiled an affidavit outlining the grounds for probable cause to issue a search warrant. The circuit court magistrate found that the affidavit established probable cause and issued a search warrant. The resulting search of the property revealed thirty-two marijuana plants, along with grow lights, ballasts, pots, fans, and air conditioning units. As a result, Arias was charged with trafficking in cannabis; possession of a place for trafficking, sale, or manufacture of a controlled substance;- cultivating cannabis; and possession of paraphernalia. Espino-sa was charged with trafficking in cannabis; possession of a place for trafficking, sale, or manufacture of a controlled substance; cultivating cannabis; grand theft; tampering with utility fixtures; and possession of paraphernalia.

The State argues that the trial court faded to give proper deference to the findings of the magistrate who issued the search warrant. In State v. Price, this court determined that the warrant under review in that case was supported by sufficient probable cause and explained:

A magistrate’s determination should be accorded a presumption of correctness and not disturbed absent a clear demonstration that the issuing magistrate abused his discretion. State v. Jacobs, 437 So.2d 166 (Fla. 5th DCA 1983). The task of the issuing magistrate is simply to make a practical, common sense decision whether, given • all the circumstances before him, there is a fair probability that contraband or evidence of a crime will be found in a particular .place. Illinois v. Gates, 462 U.S. 213, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983); Jacobs.

564 So.2d 1239, 1241 (Fla. 5th DCA 1990). Based on the record before us and our review of the warrant and supporting affidavit in the instant case, we agree with the State. We note, parenthetically, that flor-ida appellate courts have previously found probable cause existed on facts similar to those in the instant case. See, e.g., State v. Delrio, 56 So.3d -848, 850-51 (Fla. 2d DCA 2011). The magistrate properly issued the search warrant;, thus, we reverse the trial court’s order granting the motion to suppress and remand the case for further proceedings.

REVERSED and REMANDED.

LAWSON, C.J., SAWAYA and BERGER, JJ., concur.


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