State v. Ross
Cases that cite this one
5 later published cases cite this decision.
- Clapsaddle v. State (Fla. Dist. Ct. App. 1989)
- McGilberry v. State (Miss. 1999)
- Green v. State (Fla. 1996)
- Sims v. State (Fla. Dist. Ct. App. 1986)
- SIERRA HOLDING v. Sharp Electronics (Fla. Dist. Ct. App. 1985)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
STATE of Florida, Appellant,
v.
Robert ROSS, Appellee.
District Court of Appeal of Florida, Fourth District.
Jim Smith, Atty. Gen., Tallahassee, and Robert S. Jaegers, Asst. Atty. Gen., West Palm Beach, for appellant.
Richard L. Jorandby, Public Defender, and Tatjana Ostapoff, Asst. Public Defender, West Palm Beach, for appellee.
HERSEY, Judge.
We affirm the trial court's order suppressing evidence seized under a search warrant. Because of a word processing error the warrant failed to contain a description of the specific property for which the search was authorized. Such facial invalidity precludes resort by the state to the good faith exception to the exclusionary rule enunciated in United States v. Leon, 468 U.S. ___, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984). Indeed, the court in that case indicated that the exception should not be available where the warrant is facially deficient "in failing to particularize the place to be searched or the things to be seized" on the basis that the executing officer cannot, under such circumstances, "reasonably presume [the warrant] to be valid." 104 S.Ct. at 3422.
AFFIRMED.
ANSTEAD, C.J., and DELL, J., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.