Legal Opinion · Dissent

Sanchez v. State

District Court of Appeal of Florida

Decided July 23, 2014No. 2D13-114Published

1DissentBlack, Judge

I respectfully dissent. The majority opinion relies heavily on Detective Gas-kin’s testimony from the suppression hearing conducted in July 2012, some ten months after he submitted his sworn application for search warrant which was granted by Polk County Circuit Judge Dale Durrance. Detective Gaskin’s uneven testimony at the hearing is not reflective of the sufficiency of the affidavit placed before the judge nearly a year earlier, and it *1288is the sufficiency of the affidavit which is key to the probable cause determination. See State v. Loredo, 129 So.3d 1188, 1191—92 (Fla. 2d DCA 2014); State…

2Cases cited6 opinions

  1. Illinois v. GatesSupreme Court of the United States · 1983
  2. Johnson v. StateSupreme Court of Florida · 1995
  3. Willacy v. StateSupreme Court of Florida · 2007
  4. State v. ExantusDistrict Court of Appeal of Florida · 2011
  5. State v. LoredoDistrict Court of Appeal of Florida · 2014

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