State v. Moreno-Gonzalez

I respectfully dissent. The police officer in this case failed to sign the affidavit in support of the search warrant. Florida follows a rule of strict construction of the statutory and constitutional provisions governing the issuance of search warrants, so the failure to sign is fatal to the warrant.

The majority opinion errs in saying that the warrant can be upheld under the Com-formity Clause of Article I, Section 12 of the Florida Constitution. Absent a United States Supreme Court case squarely on point — and there is none — Florida law governs.

I

This is a State appeal of an order…