Opinion
July 31, 1951.
Appeal from the Circuit Court for Pinellas County, John U. Bird, J.
M.H. Jones, Clearwater, for appellants.
Richard W. Ervin, Atty. Gen., and William A. O'Bryan, Asst. Atty. Gen., for appellee.
The sole question here is the validity of a search warrant which was issued upon the affidavit of a Deputy Sheriff containing the following averments, and no others, as to the existence of "probable cause": "* * * that affiant's reason for his belief is that he has learned from an investigation conducted by him as a deputy sheriff that there is in said building at said address numerous lottery pads, tickets, papers, adding machines and money such as is commonly used by persons taking and making unlawful bets and wagers on lotteries, said lotteries being commonly known as bolita, night house and Cuba, and that affiant has information from other persons making undercover investigation that unlawful wagering and betting and selling of lottery tickets is actually being conducted and sold within said building, contrary to the Laws of the State of Florida."
This affidavit is almost identical with that stricken down by this court in White v. State, 47 So.2d 863, 864, wherein it was stated: "The affidavit fails to state facts or sufficient reasons upon which the officer believed, or had reason to believe, that the laws were being violated by the appellant."
The judgment appealed from is, therefore, reversed and a new trial awarded, under the authority of White v. State, supra, and cases therein cited.
Reversed and remanded.
SEBRING, C.J., and CHAPMAN, ADAMS and ROBERTS, JJ., concur.