Laramore v. State

SMITH, Judge.

Appellant urges the trial court erroneously denied his motion to suppress. A search warrant was issued by a county court judge on Saturday night and was executed by service on appellant and by search and seizure begun shortly after midnight on Sunday morning. The warrant authorized execution on Sunday. The underlying affidavit did not, however, recite a reason purporting to justify execution of the warrant on Sunday. Section 48.20, Florida Statutes (1975) provides:

“Service or execution on Sunday of any writ, process, warrant, order or judgment is void . . . . If affidavit is made…