JAMES R. HICKS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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In this appeal challenging a search warrant, the Florida District Court of Appeal affirmed the warrant's validity despite deficiencies in the affidavit regarding a confidential informant's source. The court held that sufficient probable cause existed based on admissions by defendants arrested at the premises that contraband was located there, making other allegations in the affidavit merely surplusage.
The court held that the affidavit was sufficient to support the search warrant. Although the affidavit fell short of constitutional standards regarding the informant's source reliability, those deficiencies constituted mere surplusage because the defendants' admissions that contraband was in the mobile home provided sufficient independent probable cause. The court also rejected the challenge regarding the manner of rights advisement as a mere technicality inappropriate for invalidating a search warrant.
[1] An affidavit for a search warrant may be sufficient if, after disregarding allegations that fail to meet constitutional standards, the remaining allegations independently…
[2] Admissions by defendants arrested at a premises that contraband is currently contained therein sufficiently support the issuance of a search warrant for that premises.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“statements in an affidavit which fall short of the constitutional standard may be treated as surplusage where the remainder of the allegations are sufficient of themselves to sustain the issuance of the warrant”
Establishes the principle that deficient allegations in a warrant affidavit need not be cured if other allegations independently support probable cause
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceA Tampa Police Officer sought a search warrant for a mobile home based on an affidavit stating that a confidential informant (whose reliability was es…
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MANN, Chief Judge.
The search warrant attacked on this appeal is based upon an affidavit stating that a Tampa Police Officer had good reason to believe that in a certain mobile home of “aluminimum” (sic) construction, specifically identified and located, there were narcotics. The affiant’s reasons for his belief were stated to be:
“That in his capacity as a detective of the Tampa Police Department, he has had occasion to employ the use of a confidential informant whose reliability has been established by the fact that in the past two years he has supplied information which upon investigation has proven to be true and accurate and upon which information two arrests for robbery were made and the defendants convicted of that charge in . Hillsborough County, . . . Florida. Affiant says that said informant had received information from a friend that said friend has been within the herein described premises within the past week and has seen a quantity of amphetamines, barbiturates, and marijuana and has obtained mom one of the residents of said mobile home a quantity of amphetamines, barbiturates, and marijuana.”
So far, assuming the reliability of the confidential informant, we know nothing of the reliability of his friend, which Agtiilar
and Spinelli
require. If that were all there is, we would be obliged to hold the affidavit and the warrant issued upon it insufficient, but the affidavit continues :
“Affiant further states that he along with deputies from the Pasco County Sheriff’s Office arrested DANIEL WILLIAM RAU and RUSSELL ‘JIMMY’ PUCKS at the premises heretofore described on the 15th day of February, 1973, at approximately 3 :30 o’clock p. m., for illegal possession of marijuana and narcotic drugs and after having advised said defendants of their rights, said defendants stated that there was within said green and white mobile home heretofore described, at the present time, a quantity of amphetamines, barbiturates, and less than a pound of marijuana.”
There was an adequate allegation that the mobile home was in the possession of Rau and Hicks, and certainly their admissions that contraband was contained therein sufficiently support the issuance of the warrant. As we stated in State v. Oldack,3 statements in an affidavit which fall short of the constitutional standard may be treated as surplusage where the remainder of the allegations are sufficient of themselves to sustain the issuance of the warrant.
Hicks further states that the affidavit does not state sufficiently the manner in which the defendants were advised of their rights. We cannot disapprove a search warrant on such a technicality. If the information was improperly obtained, procedures exist for moving to suppress the evidence seized. To say that the affidavit itself is defective for alleging appropriate warnings in a general way is to quibble, contrary to the common sense of the situation.
Affirmed.
HOBSON and McNULTY, JL, concur. . 1964, 378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed. 2d 723.
. 1969, 393 U.S. 410, 89 S.Ct. 584, 21 L.Ed. 2d 637.
. Fla.App.2d 1973, 283 So. 2d 73.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Alberta L. Ward, 407 So. 2d 353 (Fla. 2d DCA 1981)…n affidavit for the issuance of a search warrant which fall short of the constitutional standard may be treated as surplusage where the remainder of the allegations are sufficient of themselves to sustain the issuance of the warrant. Hicks v. State, 299 So. 2d 44 (Fla.2d DCA 1974). Upon close examination, it is evident that the tainted allegations of the affidavit are present in portions of those statements numbered two, four, and five. Yet, the affidavit contains a sufficiently definite description of the…
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Hicks v. State, 310 So. 2d 739 (Fla. 1975)…Certiorari denied. 299 So. 2d 44. ADKINS, C. J., and ROBERTS, McCAIN, OVERTON and ENGLAND, JJ., concur.…
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Valdes v. State, 323 So. 2d 690 (Fla. 3d DCA 1975)…it insufficient as a matter of law. State v. Ashby, Fla. 1971, 245 So. 2d 225. Our review of the record shows that the affidavit is not insufficient as a matter of law. See State v. Smith, Fla.1970, 233 So. 2d 396; and Hicks v. State, Fla.App. 1974, 299 So. 2d 44. Affirmed.…
Authorities Cited
- Aguilar v. Texas, 378 U.S. 108 (U.S. 1964)
- Spinelli v. United States, 393 U.S. 410 (U.S. 1969)
- State v. Oldack, 283 So. 2d 73 (Fla. 2d DCA 1973)