Susan E. FELLOWS, Appellant,
v.
STATE of Florida, Appellee.
District Court of Appeal of Florida, Second District.
James Marion Moorman, Public Defender, and D.P. Chanco, Assistant Public Defender, Bartow, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Carol M. Dittmar, Asst. Atty. Gen., Tampa, for appellee.
BLUE, Judge.
This appeal is from a plea of no contest to two counts of possession of cocaine, one count of possession of LSD, and one count of possession of drug paraphernalia, in which Susan E. Fellows (Fellows) specifically reserved her right to appeal the denial of her motion to suppress evidence. *687 Fellows argues the affidavit in support of the search warrant did not on its face demonstrate a sufficient basis to establish the reliability of the confidential informant. We agree with this contention and reverse.
The affidavit for the search warrant contained this information: "Your affiant offers the following to show the trustworthiness and reliability of said confidential informant: 1. Said confidential informant has assisted the Hillsborough County Sheriff's Office on investigations in the past and information provided during the investigations was found to be reliable and trustworthy. 2. Said confidential informant is a past user of cocaine and can recognize cocaine in its various forms." The confidential informant was further identified by a confidential informant number issued by the Hillsborough County Sheriff's Office.
The court had to find that given all the circumstances, including consideration of the veracity and basis of knowledge of those supplying hearsay information, probable cause existed to support issuance of the warrant. See Illinois v. Gates,
This court in Brown v. State,
In following St. Angelo and Brown, we hold the good faith exception to the exclusionary rule announced in United States v. Leon,
Reversed and remanded.
THREADGILL, A.C.J., and PARKER, J., concur.
