Opinion · Florida Court Opinions

STATE v. SMITH, 224 So.2d 352 (Fla.App. 4 Dist. 1969)

224 So.2d 352

Type: Opinion
Court: Florida Court Opinions
Jurisdiction: Florida
Date: 1969-06-18
Topic: general

STATE v. SMITH, 224 So.2d 352 (Fla.App. 4 Dist. 1969) STATE OF FLORIDA, APPELLANT, v. RUSSELL SMITH, STANLEY SMITH AND DONNASMITH, APPELLEES. No. 2469.District Court of Appeal of Florida, Fourth District. June 18, 1969.Rehearing Denied July 28, 1969.

Citator

UpLaw has not yet analyzed STATE v. SMITH, 224 So.2d 352 (Fla.App. 4 Dist. 1969). The absence of a flag is not a finding that it is good law.

STATE v. SMITH,224 So.2d 352(Fla.App. 4 Dist. 1969)

STATE OF FLORIDA, APPELLANT, v. RUSSELL SMITH, STANLEY SMITH AND DONNA

SMITH, APPELLEES.

No. 2469.

District Court of Appeal of Florida, Fourth District.

June 18, 1969.

Rehearing Denied July 28, 1969.

Interlocutory appeal from Criminal Court of Record, Orange County; Edward J. Hanlon, Jr., Judge.

Earl Faircloth, Atty. Gen., Tallahassee, and Charles W. Musgrove, Asst. Atty. Gen., West Palm Beach, for appellant.Page 353

Andrew Welch and Edward R. Kirkland, Orlando, for appellees.

PER CURIAM.

The state takes this interlocutory appeal from the trial court's order quashing a search warrant. The issue involved the sufficiency of an affidavit to present to an independent neutral magistrate probable cause to issue the search warrant. We find the presentment by the state failed to pass muster under the dictates of Aguilar v. Texas, 1964,378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed.2d 723; and now the most recent Spinelli v. United States, 1969,393 U.S. 410, 89 S.Ct. 584, 21 L.Ed.2d 637.

Affirmed.

WALDEN, C.J., and CROSS, J., concur.

REED, J., dissents, without opinion.