Legal Opinion

Winters v. State

District Court of Appeal of Florida

Decided March 10, 1993No. 92-1692Published

1Per curiam

Defendant Jayson Winters appeals the final judgment of conviction, and the trial court’s decision denying his motion to suppress evidence seized pursuant to a search warrant which stated only that the officer was to “search diligently for stolen property”. We reverse.

A description is considered sufficiently particular when it enables the searcher to reasonably ascertain and identify the items authorized to be seized. State v. Showcase Products Inc., 501 So.2d 11, 14 (Fla. 4th DCA 1986) (quoting United States v. Wuagneux, 683 F.2d 1343 (11th Cir.1982), cert. denied, 464 U.S. 814, 104 S.Ct. 69,…

2Cases cited4 opinions

  1. United States v. George WuagneuxCourt of Appeals for the Eleventh Circuit · 1982
  2. Carlton v. StateSupreme Court of Florida · 1984
  3. State v. SchragerDistrict Court of Appeal of Florida · 1985
  4. State v. Showcase Products, Inc.District Court of Appeal of Florida · 1986

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