Florida District Courts of Appeal, 2002

Williams v. State

Williams v. State
Florida District Courts of Appeal · Decided March 22, 2002 · Palmer, Pleus, Sawaya
814 So. 2d 1102; 2002 Fla. App. LEXIS 3774; 2002 WL 440256 (Southern Reporter, Second Series)

Williams v. State

Opinion of the Court

PER CURIAM.

AFFIRMED.

PLEUS and PALMER, JJ., concur. SAWAYA, J., dissents with opinion.

Dissenting Opinion

SAWAYA, J.,

dissenting.

I respectfully dissent. In my view, the affidavit executed in connection with the search warrant did not establish probable cause. Therefore, the trial court erred in denying the Defendant’s motion to suppress the photographs found inside the vehicle pursuant to the illegal search. Moreover, I do not believe that the testimony of the witnesses who were identified from the photographs is sufficiently attenuated from the taint of the illegal search to be admissible. Given the fact that the issue raised in the motion to suppress was found to be dispositive by the trial court when the Defendant entered his plea, and given the stipulation by the prosecutor that the State would not be able to prove its case without the' photographs, I would reverse the judgment of conviction and the sentence.

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