Legal Opinion
Spera v. State
District Court of Appeal of Florida
Decided February 27, 1985No. 84-310PublishedCited by 5 opinions
1Opinion of the Court
467 So.2d 329 (1985)
James Joseph SPERA, Appellant,
v.
STATE of Florida, Appellee.
No. 84-310.
District Court of Appeal of Florida, Second District.
February 27, 1985.
Rehearing Denied April 22, 1985.
D. Lee Fugate, St. Petersburg, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and William E. Taylor, Asst. Atty. Gen., Tampa, for appellee.
DANAHY, Judge.
In a case of first impression in Florida, we hold that a stale search warrant vitiates a search pursuant to that warrant and requires suppression of any evidence seized as a consequence of the search. Further, in accordance with the ten-day…
2Cases cited4 opinions
- United States v. Murrell BedfordCourt of Appeals for the Third Circuit · 1975
- George M. Mitchell v. United StatesCourt of Appeals for the D.C. Circuit · 1958
- State v. FeatherstoneDistrict Court of Appeal of Florida · 1971
- State v. BakerSupreme Court of South Carolina · 1968
3Cited by5 opinions
- State v. GuthrieSouth Dakota Supreme Court · 2001
- State v. MillerSouth Dakota Supreme Court · 1988
- State v. LewisDistrict Court of Appeal of Florida · 1992
- Moschella v. State of FloridaDistrict Court of Appeal of Florida · 2025
- State v. GuthrieSouth Dakota Supreme Court · 2001