State v. Swain

WARNER, Judge.

The state appeals the order of the trial court dismissing the case against appellee. The trial court found that the probable cause affidavit executed after the arrest of the appellee was materially false, and therefore the authorities had engaged in outrageous police misconduct for which the only remedy was to bar the prosecution of the appellee. We reverse.

On June 1,1995, the appellee was arrested on one count of purchasing cocaine in connection with a reverse sting operation. On that same date, Detective Hendrick of the Bro-ward County Sheriff’s Office filed a probable cause…