State v. Schrager
District Court of Appeal of Florida
1Opinion of the Court
HERSEY, Chief Judge.
The trial court suppressed physical evidence (drug paraphernalia) on the basis that the evidence before the magistrate who issued the search warrant did not adequately explain “the method by which the executing agents are to differentiate between the contraband and the rest of the inventory found on the premises [to be] searched.” We disagree and reverse.
The evidence before the magistrate included a comprehensive listing of the specific items to be seized from a record shop, although coupled with generic terms. The trial court took exception, and correctly so, to the fact…
2Cases cited19 opinions
- Marron v. United StatesSupreme Court of the United States · 1927
- United States v. George WuagneuxCourt of Appeals for the Eleventh Circuit · 1982
- United States v. John D. JohnsonCourt of Appeals for the Eighth Circuit · 1976
- United States v. Lee Cook and Jackie B. KirkCourt of Appeals for the Fifth Circuit · 1981
- United States v. James Arthur HillyardCourt of Appeals for the Ninth Circuit · 1982
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3Cited by2 opinions
- United States v. BerginDistrict Court, M.D. Florida · 2010
- Winters v. StateDistrict Court of Appeal of Florida · 1993