State v. Sanchez
State v. Sanchez
Opinion of the Court
This is an appeal by the state from an order suppressing certain evidence seized by the police pursuant to a duly executed search warrant. The search warrant was issued and executed prior to January 3, 1983, the effective date of the amendments to Article I, Section 12 of the Florida Constitution, which require that the search and seizure right secured thereby “shall be construed in conformity with the 4th Amendment to the United States Constitution, as interpreted by the United States Supreme Court.” In their motion to suppress filed below, the defendants attacked the affidavit in support of the search warrant as failing to state probable cause for the issuance of the said warrant. The trial court agreed and suppressed the evidence. We reverse.
We conclude that, based on the “totality of the circumstances,” the affidavit in question states probable cause for the issuance of the subject search warrant
The order under review is reversed and the cause is remanded to the trial court for further proceedings.
Reversed and remanded.
070rehearing
ON MOTION FOR REHEARING
Upon consideration after rehearing, we adhere to the opinion and decision of July 24, 1984.
Dissenting Opinion
(dissenting).
I would affirm. Contrary to the majority’s holding, the Aguilar-Spinelli probable cause standard was incorporated into the substantive law of the state, see Antone v. State, 382 So.2d 1205 (Fla.), cert, denied, 449 U.S. 913, 101 S.Ct. 287, 66 L.Ed.2d 141 (1980); Andersen v. State, 274 So.2d 228 (Fla.), cert, denied, 414 U.S. 879, 94 S.Ct. 150, 38 L.Ed.2d 124 (1973); St. John v. State, 356 So.2d 32 (Fla. 1st DCA 1978), and continued to be the law of the state until the 1983 constitutional amendment. The facts of this case are controlled by pre-amendment law, State v. Lavazzoli, 434 So.2d 321 (Fla. 1983) (article 1, section 12, Florida Constitution, as amended in 1983, operates prospectively only), which requires that the fruits of the search be suppressed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.