State v. Bishop

MILLS, Chief Judge.

The State appeals from an order granting a motion to suppress, urging that the trial judge erred in applying this court’s ruling in Orr v. State, 382 So.2d 860 (Fla. 1st DCA 1980). We agree and reverse.

The issue below, as framed by the motion to suppress, was whether the affidavit for the search warrant was sufficient to establish probable cause “as the affidavit fails to set forth specific time or times when the undercover agent observed or purchased cocaine or methaqualone.”

*239The affidavit for a search warrant asserted, in relevant part, “heretofore and within the past ten…