STATE OF FLORIDA, APPELLANT,
v.
GEORGE J. SCHWARZBAUER, APPELLEE
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The court held that an affidavit stating a drug purchase occurred 'within the last five days' is sufficiently specific to establish probable cause for a search warrant.
The State appealed the trial court's suppression of evidence based on an affidavit for a search warrant that stated a confidential informant purchased…
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OTT, Judge.
The State appeals the granting of Appel-lee’s Motion to Suppress Evidence by the trial court. We reverse.
The affidavit for the search warrant stated that a confidential informant had purchased drugs from the Appellee “within the last five days.” The trial court found this not to be sufficiently specific as required by our decision in State v. Mills, 267 So. 2d 44 (Fla. 2d DCA 1972). In that case no allegation was included in the affidavit to fix the date when the alleged illegal activity occurred. In this case the illegal activity is narrowed to the five day period immediately preceding the application.
Though this is a novel issue in this jurisdiction, courts of other jurisdictions have taken the view that when “within” language is used with a specified span of time, e. g., “within the last three days,” a sufficiently clear and definite statement has been made provided the period encompassed is not too remote in time for a search warrant to issue. Annot. 100 A.L.R.2d 525 (1965). Five days has not been held to be too remote by the courts of this state. Hamelmann v. State, 113 So. 2d 394 (Fla. 1st DCA 1959).
In the case under consideration the time of the alleged illegal activity is narrowed to a five day period. This coupled with the other facts alleged in the affidavit demonstrate to us that there was probable cause to issue the search warrant. Therefore, it was error to grant Appellee's Motion to Suppress Evidence.
GRIMES, Acting C. J., and SCHEB, J., concur.
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Comeau v. Safeco Ins. Co. OF Am., 356 So. 2d 790 (Fla. 1978)…KARL, Justice. This cause is before us on petition for writ of certiorari granted to review the decision of the District Court of Appeal, First District, in Comeau v. Safeco Insurance Co., 342 So. 2d 1085 (Fla. 1st DCA 1977), which directly conflicts with Fine v. Travelers Insurance Co., 342 So. 2d 848 (Fla. 3d DCA 1977). We have jurisdiction pursuant to Article V, Section 3(b)(3), Florida Constitution. While in the course of his employment, the pet…
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King v. State, 410 So. 2d 586 (Fla. 2d DCA 1982)…vides probable cause by indicating the informant made an actual purchase or other exchange or actually observed illegal acts within a certain stated period which is not remote to the date of application for the search warrant. State v. Schwarzbauer, 342 So. 2d 1085 (Fla. 2d DCA 1977); State v. Bishop, 395 So. 2d 238 (Fla. 1st DCA 1981). However, where affidavits to search warrants indicate merely that the police and the informant met or conferred within a certain given period of time, without noting when the i…1 / 2
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Odell Davis v. Travelers Indem. Co., 356 So. 2d 794 (Fla. 1978)…er the court’s ruling would be $3,825.72, with-costs of $26.00 and attorneys fees of $1,000.00. Pinal judgment was entered thereon. Upon appeal, the District Court of Appeal reversed the final judgment on the authority of Comeau v. Safeco Ins. Co., 342 So. 2d 1085 (Fla. 1st DCA 1977), which decision is also before this Court for review. We have this date quashed the decision of the District Court of Appeal, First District, in Comeau v. Safeco Ins. Co., supra. For the reasons stated therein, we likewise quash…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hamelmann v. State, 113 So. 2d 394 (Fla. 1st DCA 1959)
- State v. Mills, 267 So. 2d 44 (Fla. 2d DCA 1972)