Legal Opinion

Sheppard v. State

District Court of Appeal of Florida

Decided March 4, 1988No. BS-496PublishedCited by 1 opinion

1Opinion of the Court

ERVIN, Judge.

Appellant raises three issues in his appeal from a conviction for possession of drug paraphernalia. We reverse the conviction based on the failure of the trial court to grant a motion to suppress and therefore do not address the other issues raised in the appeal.

The affidavit on which the search warrant was based contained 12 paragraphs relating to events ranging from several months to several years preceding the time of the affidavit’s execution. Paragraph 13, the only paragraph that was not stale, contained information relayed to a confidential citizen by an unknown third…

2Cases cited5 opinions

  1. Illinois v. GatesSupreme Court of the United States · 1983
  2. Hamelmann v. StateDistrict Court of Appeal of Florida · 1959
  3. Vasquez v. StateDistrict Court of Appeal of Florida · 1986
  4. House v. StateDistrict Court of Appeal of Florida · 1975
  5. Milete v. StateDistrict Court of Appeal of Florida · 1983

3Cited by1 opinion

  1. Montgomery v. StateDistrict Court of Appeal of Florida · 1991

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