STATE OF FLORIDA, APPELLANT,
v.
GARY JOHN NILES, APPELLEE
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The court held that an affidavit for a search warrant may be based on information from a confidential informant, provided the informant's reliability and basis of knowledge are established, and may also include facts within the affiant's personal knowledge.
The state appealed an order suppressing evidence seized under a search warrant. The defendant argued the affidavit supporting the warrant was insuffic…
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DOWNEY, Judge.
This is an interlocutory appeal by the state from an order of the trial court granting a motion to suppress evidence seized pursuant to a search warrant authorizing a search of appellee’s private dwelling.
Appellee, as defendant below, attacked the affidavit upon which the search warrant was issued on the ground that an affidavit for issuance of a search warrant for a private dwelling pursuant to § 933.18, F.S.1973, must be based upon the personal knowledge of the affiant. Appellee relied upon Wolff v. State, Fla.App.1974, 291 So. 2d 15, and the trial judge, though disagreeing in principle, felt obligated to follow that decision of the Third District Court of Appeal.
This court declined to follow the Wolff case in State v. Crisp, 307 So. 2d 454, opinion filed February 7, 1975, as did the First District Court of Appeal in State v. Middleton, Fla.App. 1974, 302 So. 2d 144. Unfortunately, neither of said decisions was available to the trial judge when he entered the order which is the subject of this appeal.
We find the statements contained in the affidavit in this case more than adequate. It sets forth information obtained from a confidential informant, including the facts observed by the informant, together with facts demonstrating the informant’s reliability. Thus, the affidavit satisfied the requirements set forth in Aguilar v. Texas, 378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed.2d 723 (1964), Spinelli v. United States, 393 U.S. 410, 89 S.Ct. 584, 21 L.Ed.2d 637, and State v. Smith, Fla.1970, 233 So. 2d 396. In addition, the affidavit also sets forth facts describing a “controlled buy” set up by the affiant and the confidential informant, which facts are certainly within the personal knowledge of the affiant.
Accordingly, the order appealed from is reversed, and the cause is remanded for further proceedings.
OWEN, C. J., and MAGER, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Davis v. State, 346 So. 2d 141 (Fla. 1st DCA 1977)…factors are present in the affidavit in the case sub judice. Reliability may be established by a recital of facts showing why the affiant considers the informant reliable. See State v. Middleton, 302 So. 2d 144 (Fla. 1 DCA 1974), and State v. Niles, 307 So. 2d 455 (Fla. 4 DCA 1975). Reliability may be established by detailed information contained in the affidavit. See Reed v. State, 267 So. 2d 70 (Fla.1972). A statement against penal interest may contribute to reliability. See State v. Jacobs, 320 So. 2d 45 (…
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Kaplan v. State, 347 So. 2d 659 (Fla. 4th DCA 1977)…ve also examined the contents of the application and find them sufficient to support the issuance of the warrant. AFFIRMED. MAGER, C. J., and ALDERMAN and ANSTEAD, JJ., concur. . State v. Crisp, 307 So. 2d 454 (Fla. 4th DCA 1975); State v. Niles, 307 So. 2d 455 (Fla. 4th DCA 1975). . Sections 933.04 and 933.07, Florida Statutes (1975).…
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State v. Eicher, 312 So. 2d 481 (Fla. 4th DCA 1975)…PER CURIAM. The order granting defendant’s Motion to Suppress is reversed upon authority of State v. Crisp, 307 So. 2d 454 (4th D.C.A. Fla. 1975); State v. Niles, 307 So. 2d 455, 4th D.C.A. Opinion issued February 7, 1975 and State v. Wolff, 310 So. 2d 729, Supreme Court Opinion issued February 26, 1975. Reversed. OWEN, C. }., and WALDEN and DOW-NEY, JJ., concur.…
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. Smith, 233 So. 2d 396 (Fla. 1970)
- Wolff v. State, 291 So. 2d 15 (Fla. 3d DCA 1974)
- Solomon HAM v. State, 302 So. 2d 144 (Fla. 1st DCA 1974)
- State v. Crisp, 307 So. 2d 454 (Fla. 4th DCA 1975)