State v. Lewis

The order suppressing the evidence which the State seeks to review was based upon the trial court’s consideration of a search warrant predicated upon personal observations of the affiant and a confidential informant in a “controlled buy” circumstance. Under the recent decision of the Florida Supreme Court in State v. Gieseke, 328 So.2d 16 (Fla.1976),1 which was not available to the trial court at the time of the entry of the order under review, we are of the opinion that the affidavit in question contained sufficient allegations to establish probable cause for the search in question.…