AKRON PRESFORM MOLD CO.

v.

MCNEIL CORP. ET AL.

Citator

Cited By (43 total)

• Pezzella v. State, 390 So. 2d 97 (Fla. 3d DCA 1980)
  …rrant’s specific reference to and incorporation of the affidavit will often cure warrants which are otherwise deficient by reason of lack of specificity, Booze v. State, 291 So. 2d 262 (Fla.2d DCA), cert. denied, 297 So. 2d 836 (Fla.), cert. denied, 419 U.S. 997, 95 S.Ct. 312, 42 L.Ed.2d 271 (1974); Bloom v. State, supra, and under the doctrine of severability, may cure warrants which are overbroad in terms of describing the items to be seized. State v. Quigg, 115 Mont. 119, 132-33,467 P. 2d 692, 699 (1970)…
• Everette Lamar Sims v. State, 483 So. 2d 81 (Fla. 1st DCA 1986)
  …rporation by reference in the search warrant to an attached exhibit particularly describing the property is sufficient). As was observed in Booze v. State, 291 So. 2d 262, 263 (Fla.2d DCA 1974), cert. denied, 297 So. 2d 836 (Fla.1974), cert. denied, 419 U.S. 997, 95 S.Ct. 312, 42 L.Ed.2d 271 (1974): Incorporation by reference is a perfectly acceptable means of avoiding the repetition of language set forth elsewhere. Any officer armed with this warrant, to which the affidavit was attached and, by the issuin…
• State v. Smelt, 417 So. 2d 1154 (Fla. 2d DCA 1982)
  …of the aforesaid portion of the search warrant which was designed to describe the items to be seized.” We find this case is controlled by Booze v. State, 291 So. 2d 262, 263 (Fla. 2d DCA 1974), cert. denied, 297 So. 2d 836 (Fla.1974), cert. denied, 419 U.S. 997, 95 S.Ct. 312, 42 L.Ed.2d 271 (1974), holding as follows: An admittedly sufficient affidavit resulted in the issuance of a search warrant in which the description of the premises to be searched and the property to be seized were not stated above th…