State v. Waring

I respectfully dissent. The state appeals from the trial court’s order suppressing evidence seized inside a residence pursuant to a search warrant. The evidence suppressed consisted of: residency documents, plastic and paper bags containing cannabis, rolling papers, lighters, hemostats, a pipe, two photographs, a triple beam scale, and numerous empty plastic and paper bags. The trial court relied upon Howard v. State, 483 So.2d 844 (Fla. 1st DCA 1986). I would reverse.

Cannabis plants were spotted growing next to appellees’ (Stephen and Sandra Waring’s) residence by an experienced deputy on a…