Gerardi v. State, No. 73--716

CourtCourt of Appeal of Florida (US)
Writing for the CourtDOWNEY; CROSS, J., and SCHWARTZ, ALAN R.
Citation307 So.2d 853
Docket NumberNo. 73--716
Decision Date14 January 1975
PartiesLawrence S. GERARDI, Jr., Appellant, v. The STATE of Florida, Appellee.

Page 853

307 So.2d 853
Lawrence S. GERARDI, Jr., Appellant,
v.
The STATE of Florida, Appellee.
No. 73--716.
District Court of Appeal of Florida, Fourth District.
Jan. 14, 1975.
Rehearing Denied March 5, 1975.

Charles J. Cullom, Orlando, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Frank B. Kessler, Asst. Atty. Gen., West Palm Beach, for appellee.

Page 854

DOWNEY, Judge.

Appellant was charged with possession of hashish and drug paraphernalia in violation of §§ 404.02 and 404.041, F.S. 1971, respectively. After pleading not guilty, appellant moved to quash a search warrant and suppress the evidence seized by the police. Upon denial of said motions he pleaded nolo contendere to possession of hashish and was sentenced to three years in prison. The sole point on appeal concerns the trial court's alleged error in denying the motions to quash the search warrant and suppress the seized evidence.

The question involved here is whether § 933.18(5), F.S.1971, prohibits the issuance of a search warrant based upon an affidavit which shows that there are reasonable grounds to believe contraband will be delivered to an addressee at a private dwelling on a specific future date which is within the 10 day time limit set by § 933.05, F.S.1971. So far as we have been able to determine the question has never been decided in Florida, although the First District Court of Appeal recognized it as 'an intriguing question' in Rutskin v. State, Fla.App.1972, 260 So.2d 525, 527.

The application for the search warrant in this case consisted of two documents, both dated December 6, 1972. The first is a form Affidavit For Search Warrant bearing, among others, the printed words 'there is now being kept on said premises (the appellant's home, which was described by means of words typewritten on the form affidavit) certain _ _.' In the space following the printed word 'certain' the words 'PACKAGE CONTAINING HASHISH' are typewritten. Thereafter appear the printed words 'which is now being kept and used in violation of the laws of the State of Florida.' Attached to the form affidavit is a completely typewritten affidavit signed by a deputy sheriff and witnessed by a judge. In the typewritten affidavit the deputy sheriff swore that on December 5, 1972, three United States customs officials, in the presence of the affiant and of a United States postal inspector at a United States post office, had opened a package which bore a customs declaration sticker...

To continue reading

Request your trial
7 practice notes
  • Kostelec v. State, No. 2005
    • United States
    • Court of Special Appeals of Maryland
    • December 6, 1996
    ...history made clear that legislature intended that warrant issue only when the crime had already been committed); Gerardi v. State, 307 So.2d 853 (Fla.Dist.Ct.App.1975) (anticipatory search warrant violated state statute--which was later amended--that permitted a warrant to issue for the sea......
  • Bernie v. State, No. 67535
    • United States
    • United States State Supreme Court of Florida
    • January 7, 1988
    ...of an unreasonable search and seizure, relying on the provisions of section 933.18, Florida Statutes (1983), and Gerardi v. State, 307 So.2d 853 (Fla. 4th DCA 1975). Section 933.18, Florida Statutes (1983), concerns the issuance of a search warrant for a private home and Page 990 933.18 Whe......
  • Com. v. Soares
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • July 27, 1981
    ...requirement that warrants be executed "forthwith" does not preclude issuance of anticipatory warrants). Compare Gerardi v. State, 307 So.2d 853, 855 (Fla.App.1975). We are reinforced in our conclusion by the Legislature's explicit disclaimer in G.L. c. 276, § 1, of any intent to impair the ......
  • State v. Bernie, No. 84-350
    • United States
    • Court of Appeal of Florida (US)
    • June 21, 1985
    ...it was seized as a result of an unreasonable search and seizure. At the hearing on the motion, the Bernies relied on Gerardi v. State, 307 So.2d 853 (Fla. 4th DCA 1975), and section 933.18, Florida Statutes (1983), to support their proposition that the warrant was invalid for lack of probab......
  • Request a trial to view additional results
7 cases
  • Kostelec v. State, No. 2005
    • United States
    • Court of Special Appeals of Maryland
    • December 6, 1996
    ...history made clear that legislature intended that warrant issue only when the crime had already been committed); Gerardi v. State, 307 So.2d 853 (Fla.Dist.Ct.App.1975) (anticipatory search warrant violated state statute--which was later amended--that permitted a warrant to issue for the sea......
  • Bernie v. State, No. 67535
    • United States
    • United States State Supreme Court of Florida
    • January 7, 1988
    ...of an unreasonable search and seizure, relying on the provisions of section 933.18, Florida Statutes (1983), and Gerardi v. State, 307 So.2d 853 (Fla. 4th DCA 1975). Section 933.18, Florida Statutes (1983), concerns the issuance of a search warrant for a private home and Page 990 933.18 Whe......
  • Com. v. Soares
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • July 27, 1981
    ...requirement that warrants be executed "forthwith" does not preclude issuance of anticipatory warrants). Compare Gerardi v. State, 307 So.2d 853, 855 (Fla.App.1975). We are reinforced in our conclusion by the Legislature's explicit disclaimer in G.L. c. 276, § 1, of any intent to impair the ......
  • State v. Bernie, No. 84-350
    • United States
    • Court of Appeal of Florida (US)
    • June 21, 1985
    ...it was seized as a result of an unreasonable search and seizure. At the hearing on the motion, the Bernies relied on Gerardi v. State, 307 So.2d 853 (Fla. 4th DCA 1975), and section 933.18, Florida Statutes (1983), to support their proposition that the warrant was invalid for lack of probab......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT