State v. Weber

The defendant-appellee filed a Motion to Quash a search warrant and its supporting affidavit and to Suppress the Evidence obtained pursuant thereto. The Circuit Court heard testimony and argument of counsel and entered an order suppressing the evidence from whence the State took this Interlocutory Appeal, urging that the case is controlled by Carroll v. United States, 267 U.S. 132, 45 S.Ct. 280, 69 L.Ed. 543 (1925); Spinelli v. United States, 393 U.S. 410, 89 S.Ct. 584, 21 L.Ed.2d 637 (1969); and a decision of our sister court of the Third District, Fountain v. State, Fla.App. 3rd 1967, 199…