Romero v. State

This cause is before us on appeal from orders denying appellants’ suppression motion and placing appellants on probation. On September 26, 1992, a search warrant was issued to “the Sheriff of Bay County” to search appellants’ residence for drugs and drug-related paraphernalia. The resultant search was executed by a Bay County deputy sheriff and members of the Lynn Haven Police Department. Appellants moved to suppress all statements, evidence, and fruits of the search, contending that the search was invalid under section 933.08, Florida Statutes (1991), because the sheriff was not present and…