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State v. Smith

District Court of Appeal of Florida, Fourth District
Jul 28, 1969
224 So. 2d 352 (Fla. Dist. Ct. App. 1969)

Opinion

No. 2469.

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.

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


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.


Summaries of

State v. Smith

District Court of Appeal of Florida, Fourth District
Jul 28, 1969
224 So. 2d 352 (Fla. Dist. Ct. App. 1969)
Case details for

State v. Smith

Case Details

Full title:STATE OF FLORIDA, APPELLANT, v. RUSSELL SMITH, STANLEY SMITH AND DONNA…

Court:District Court of Appeal of Florida, Fourth District

Date published: Jul 28, 1969

Citations

224 So. 2d 352 (Fla. Dist. Ct. App. 1969)