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389 So. 2d 213

State v. Russo

District Court of Appeal of Florida · decided 1980-07-16

Cited by 1 later decisions — most recently November 1998

1 state decisions

Relies on State v. Laiser · State v. Richardson

Good law ✅— No negative treatment on recordhow we know

Decided 1980-07-16

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PER CURIAM.

¶1The state appeals from an order granting a motion to suppress evidence. The evidence suppressed was obtained by virtue of a search warrant. The basis for suppression was the absence of language in the search warrant specifically requiring that the seized property be brought before the court as required by Subsection 933.07, Florida Statutes (1979). No prejudice to appellee is shown by the record nor is it anywhere alleged.

¶2*214The rule in Florida is that substantial compliance with the statutory requirements applicable to search warrants is sufficient where no prejudice is shown. State v. Laiser, 322 So.2d 490 (Fla.1975); State v. Richardson, 331 So.2d 390 (Fla. 4th DCA 1976). We find substantial compliance here.

¶3We therefore reverse the order granting the motion to suppress and remand for further proceedings.

¶4REVERSED AND REMANDED.

DOWNEY, BERANEK and HERSEY, JJ., concur.
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