State v. Jayne

DENNIS P. MALONEY, County Court Judge.

A hearing on the defendant’s motion to suppress was held October 23, 1979 in chambers at Bartow. The state of Florida was represented by Kelley W. Collier, Assistant State Attorney, and the defendant was represented by John C. Wilkins III, Esq.

*188According to the stipulated facts, an agent of the Polk County Sheriffs Office viewed certain films at the Varsity Theater and decided that they were obscene. The agent drafted an affidavit in support of an application for a search warrant and presented it to a judge. The judge did not ask, nor was he requested, to…