Swartz v. State

This case arises out of the arrest of Joseph Timothy Swartz for possession of narcotics, after a tip by a citizen informant concerning a possible burglary. We reverse the denial of Swartz’s motion to suppress.

On January 31, 2002, the Palm Beach County Sheriffs Office received a telephone tip that reported a man jumped over a fence and handed items over to a woman on the other side of the fence, who then placed the items into a car. The informant was a neighbor who believed a burglary was taking place.

Shortly thereafter, Officer Murray arrived and observed a woman in a car, both of which…