THE SCHOOL BOARD OF VOLUSIA COUNTY, APPELLANT,

v.

GOMON, FLETCHER ARCHITECTS, INC., ETC., ET AL., APPELLEES

Citator

Cited By

• Montgomery v. State, 584 So. 2d 65 (Fla. 1st DCA 1991)
  …he length of time between the events relied upon to obtain a warrant and the date of issuance bears upon probable cause, with the likelihood that the items sought to be seized will be found on the premises decreasing as time passes.” State v. Moise, 522 So. 2d 1023, 1025 (Fla. 5th DCA 1988). In Hamelmann v. State, 113 So. 2d 394 (Fla. 1st DCA 1959), this court adopted the so-called “30-day rule” to determine whether information is so stale as to not support probable cause: Barring extraordinary circumstances…

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• State v. Georgoudiou, 560 So. 2d 1241 (Fla. 5th DCA 1990)
  …provide its own indicia of reliability. State v. Vanwinkle, 444 So. 2d 1005 (Fla. 5th DCA), review denied, 450 So. 2d 489 (Fla.1984). Controlled buys were upheld as the basis for probable cause for the issuance of a search warrant in State v. Moise, 522 So. 2d 1023 (Fla. 5th DCA 1988), and State v. Cohen, 442 So. 2d 346 (Fla. 5th DCA 1983). Although Martino’s affidavit refers to Moshoures as a “reliable source,” which the tape recorded conversation apparently confirmed, the affidavit never states that Moshoure…
• State v. Enstice, 573 So. 2d 340 (Fla. 5th DCA 1990)
  …Brown v. Illinois, 422 U.S. 590, 610-11, 95 S.Ct. 2254, 2265, 45 L.Ed.2d 416, 431 (1975). Applying the Leon standard literally, we are convinced the deficiencies in this affidavit are, at most, a case of weak drafting, not bad faith. State v. Moise, 522 So. 2d 1023 (Fla. 5th DCA 1988); State v. Garcia, 503 So. 2d 347 (Fla. 5th DCA), rev. denied, 511 So. 2d 298 (Fla. 1987); State v. Wildes, 468 So. 2d 550 (Fla. 5th DCA 1985). REVERSED. COWART, J., and ORFINGER, M., Associate Judge, concur. . The underlying a…

Authorities Cited

• Eoghan N. Kelley v. Sch. Bd. OF Seminole Cnty., 435 So. 2d 804 (Fla. 1983)