Truette v. State

BROWNING, J.,

specially concurring.

I concur in the decision affirming the trial court’s suppression order because, under the facts of this case, the “good faith” exception under United States v. Leon, 468 U.S. 897, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984) appears to require it. However, in my opinion, the magistrate erred by issuing the search warrant, because the affidavit for search warrant lacked the legal requirements necessary to provide probable cause for the search warrant’s issuance.

The affidavit for search warrant reads:

AFFIDAVIT FOR SEARCH WARRANT

STATE OF FLORIDA

COUNTY OF WASHINGTON

BEFOR…