Legal Opinion

State v. Rushing

District Court of Appeal of Florida

Decided July 1, 2011No. 5D10-2985PublishedCited by 2 opinions

1Opinion of the CourtMonaco, J.

The State of Florida appeals an order of the trial court granting the motion of the appellee, Darwyn Rushing, to suppress evidence that was seized from his home pursuant to a search warrant. The trial court held that the supporting affidavit did not establish probable cause, that the search was thus unreasonable, and that the good faith exception did not apply. While the question of whether there was probable cause to underpin the search is a close question, we reverse because the good faith exception is applicable and the evidence seized should not have been suppressed.

The good faith…

2Cases cited4 opinions

  1. Illinois v. GatesSupreme Court of the United States · 1983
  2. United States v. LeonSupreme Court of the United States · 1984
  3. Herring v. United StatesSupreme Court of the United States · 2009
  4. State v. WattDistrict Court of Appeal of Florida · 2007

3Cited by2 opinions

  1. York v. StateDistrict Court of Appeal of Florida · 2011
  2. York v. StateDistrict Court of Appeal of Florida · 2011

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