State v. Niles

DOWNEY, Judge.

This is an interlocutory appeal by the state from an order of the trial court granting a motion to suppress evidence seized pursuant to a search warrant authorizing a search of appellee’s private dwelling.

Appellee, as defendant below, attacked the affidavit upon which the search warrant was issued on the ground that an affidavit for issuance of a search warrant for a private dwelling pursuant to § 933.18, F.S.1973, must be based upon the personal knowledge of the affiant. Appellee relied upon Wolff v. State, Fla.App.1974, 291 So.2d 15, and the trial judge, though disagreeing in…