State v. Smith, 224 So. 2d 352

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 Details

Case Name: State v. Smith

Court Name: District Court of Appeal of Florida

Date Published: Jun 18, 1969

Citations: 224 So. 2d 352; 1969 Fla. App. LEXIS 5495; No. 2469

Docket Number: No. 2469

Court Abbreviation: Fla. Dist. Ct. App.