Hall Approved Free Access to American Case Law
Florida District Courts of Appeal, 1969

State v. Smith

State v. Smith
Florida District Courts of Appeal · Decided June 18, 1969 · Cross, Reed, Walden
224 So. 2d 352; 1969 Fla. App. LEXIS 5495 (Southern Reporter, Second Series)

State v. Smith

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

↑