Bauder v. State

District Court of Appeal of Florida

Decided February 2, 1993

District Court of Appeal of Florida · decided 1993-02-02

Cited by 4 later decisions — most recently September 1998

4 state decisions

Key passage — most relied on by later courts

“the affidavit given in support of [the] search warrant was totally devoid of factual recitations sufficient to raise the affiant-officer's suspicions to the level of probable cause.”

quoted by 1 later decision, including 718 So. 2d 781 - Gentile v. Bauder

Relies on Illinois v. Gates · Rodriguez v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1993-02-02

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PER CURIAM.

¶1We reverse the judgment of conviction entered by the trial court on a holding that the affidavit given in support of a search warrant was totally devoid of factual recitations sufficient to raise the affiant-offi-cer’s suspicion to the level of probable cause. Rodriguez v. State, 297 So.2d 15 (Fla.1974). See also Illinois v. Gates, 462 U.S. 213, 239, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983) (information supplied for the issuance of a search warrant must demonstrate fair probability that evidence of crime will be uncovered). The evidence seized pursuant to the warrant should have been suppressed.

¶2Reversed and remanded for further consistent proceedings.