Kelly v. State

CAMPBELL, Judge.

In this appeal, we are presented with two questions concerning the sufficiency of a search warrant. We only address the first issue which questions whether a search warrant is valid when the supporting affidavit is not attached to it. Appellant cites two cases out of this court which lend some confusion to that question.

In State v. Carson, 482 So.2d 405 (Fla. 2d DCA 1985) and Booze v. State, 291 So.2d 262 (Fla. 2d DCA), cert. denied, 297 So.2d 836 (Fla.1974) (which Carson relied upon), the description in the actual search warrant of the premises to be searched was admittedly…