State v. Schwarzbauer

OTT, Judge.

The State appeals the granting of Appel-lee’s Motion to Suppress Evidence by the trial court. We reverse.

The affidavit for the search warrant stated that a confidential informant had purchased drugs from the Appellee “within the last five days.” The trial court found this not to be sufficiently specific as required by our decision in State v. Mills, 267 So.2d 44 (Fla. 2d DCA 1972). In that case no allegation was included in the affidavit to fix the date when the alleged illegal activity occurred. In this case the illegal activity is narrowed to the five day period immediately…