Legal Opinion

State v. Delrio

District Court of Appeal of Florida

Decided February 4, 2011No. 2D10-182PublishedCited by 1 opinion

1Opinion of the Court

LaROSE, Judge.

The State appeals an order granting a motion to suppress evidence. Abel Delrio *850and Yenier Rodriguez Delguy were charged with trafficking in cannabis and possession of drug paraphernalia. See §§ 893.135(1)(a)(1), 893.147(1), Fla. Stat. (2008). Mr. Delrio was charged also with electrical utility theft. See § 812.14(2)(b), Fla. Stat. (2008). The trial court concluded that a law enforcement officer’s affidavit supporting the issuance of a search warrant was inadequate to establish probable cause. The trial court also noted that the affidavit improperly presented the officer’s…

2Cases cited19 opinions

  1. Franks v. DelawareSupreme Court of the United States · 1978
  2. Payton v. New YorkSupreme Court of the United States · 1980
  3. Ornelas v. United StatesSupreme Court of the United States · 1996
  4. Pagan v. StateSupreme Court of Florida · 2002
  5. Connor v. StateSupreme Court of Florida · 2001

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3Cited by1 opinion

  1. State v. DELRIODistrict Court of Appeal of Florida · 2011

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