State v. Chamblin, No. AM-8
| Court | Court of Appeal of Florida (US) |
| Writing for the Court | McCORD |
| Citation | 418 So.2d 1152 |
| Parties | STATE of Florida, Petitioner, v. Jeffrey Kirksey CHAMBLIN, Jerry Wayne Duncan, and Bryan Kerwin, Respondents. |
| Decision Date | 23 August 1982 |
| Docket Number | No. AM-8 |
Page 1152
v.
Jeffrey Kirksey CHAMBLIN, Jerry Wayne Duncan, and Bryan Kerwin, Respondents.
First District.
Page 1153
Jim Smith, Atty. Gen., and Lawrence A. Kaden, Asst. Atty. Gen., Peter Antonacci, Asst. State Atty., for petitioner.
Dana C. Matthews, Ronald A. Mowrey, Silas Eubanks, and William Corry, Tallahassee, for respondents.
McCORD, Judge.
Petitioner, the State of Florida, has filed a petition for writ of certiorari to review an order of the trial court granting respondents' motion for disclosure of the identity of the State's confidential informant. We reject respondents' contention that this Court does not have jurisdiction to entertain this petition. See Fla.R.App.P. 9.100 and 9.030, and Affiliated of Florida v. U-Need Sundries, 397 So.2d 764 (Fla. 2d DCA 1981). Compare also State v. Martinez, 381 So.2d 1183 (Fla. 3rd DCA 1980). On the merits, the petition is granted, and the trial court's order is quashed.
Respondents have been charged with several drug-related offenses. The events leading to the filing of the charges against them included a search of the home of respondent Duncan and the surrounding area. The affidavit for the warrant to search those premises outlined numerous observations of respondents' activities made by members of the Big Bend Narcotics Force over the course of a month. The facts set forth in the affidavit were as follows, in summary: On February 22, 1981, a small airplane piloted by Michael Small crashed on takeoff from the commercial airport in Leon County, Florida. A quantity of visqueen (plastic covering), several rolls of duct tape and numerous aeronautical maps showing the route to South America were found inside the plane. Small suffered minor injuries, was taken to the hospital for treatment, and later released. Because of the suspicious nature of the materials found inside the plane, the Leon County Sheriff's Department began conducting an extensive investigation into the matter which included observation of the activities of all of the respondents.
During the following weeks, the respondents were seen in and around George's Motel in Panacea, Florida, making numerous calls from pay telephones at all hours of the day and night, driving to and from respondent Duncan's home, and driving to Tallahassee to make calls on a pay phone. Respondent Chamblin was seen checking out of George's Motel on February 22, and he used evasive maneuvers to proceed to Tallahassee, where he booked a flight to Memphis, Tennessee. On March 16, he returned to George's Motel. On that day, Duncan was seen circling through the parking lot of the Oaks Restaurant in Panacea, proceeding into Franklin County, then returning two hours later. On the morning of March 17, Chamblin ate breakfast at the Oaks Restaurant, scribbled furiously in a notebook, then made numerous nontraceable calls from a pay telephone. Afterwards, he drove to Duncan's residence where he stayed for an hour before he returned to the motel and then drove back to Duncan's residence. The same vehicle reappeared approximately 30 minutes later, driven by respondent Kerwin and another man. They proceeded to a minute market, made...
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State v. Zamora, No. 86-3079
...should be invoked." Treverrow, 194 So.2d at 252; see State v. Acosta, 439 So.2d 1024, 1026 (Fla. 3d DCA 1983); State v. Kirksey, 418 So.2d 1152, 1154 (Fla. 1st DCA 1982); Elkins v. State, 388 So.2d 1314, 1315 (Fla. 5th DCA 1980); State v. Anderson, 329 So.2d 424 (Fla. 3d DCA There are ......
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State v. Acosta, No. 82-2512
...were the sole basis for probable cause. Public policy favors nondisclosure of the identity of a confidential informant. State v. Kirksey, 418 So.2d 1152 (Fla. 1st DCA 1982). Consequently, the state has a privilege of nondisclosure. Treverrow v. State, 194 So.2d 250 (Fla.1967). A defendant w......
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State v. Harklerode, No. 90-1187
...to disclose identity of confidential informant whose information was relied on to establish probable cause); State v. Kirksey [Chamblin], 418 So.2d 1152 (Fla. 1st DCA 1982) (state not required to disclose identity of confidential informant who merely furnishes probable cause for search or a......
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State v. Powell, No. 5D13–2820.
...to justify disclosure of his identity.’ ” (quoting United States v. Estrella, 567 F.2d 1151, 1153 (1st Cir.1977))); State v. Chamblin, 418 So.2d 1152, 1154 (Fla. 1st DCA 1982) (“The State is not required to disclose the identity of a confidential informant who merely furnishes the probable ......
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State v. Zamora, No. 86-3079
...should be invoked." Treverrow, 194 So.2d at 252; see State v. Acosta, 439 So.2d 1024, 1026 (Fla. 3d DCA 1983); State v. Kirksey, 418 So.2d 1152, 1154 (Fla. 1st DCA 1982); Elkins v. State, 388 So.2d 1314, 1315 (Fla. 5th DCA 1980); State v. Anderson, 329 So.2d 424 (Fla. 3d DCA There are ......
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State v. Acosta, No. 82-2512
...were the sole basis for probable cause. Public policy favors nondisclosure of the identity of a confidential informant. State v. Kirksey, 418 So.2d 1152 (Fla. 1st DCA 1982). Consequently, the state has a privilege of nondisclosure. Treverrow v. State, 194 So.2d 250 (Fla.1967). A defendant w......
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State v. Harklerode, No. 90-1187
...to disclose identity of confidential informant whose information was relied on to establish probable cause); State v. Kirksey [Chamblin], 418 So.2d 1152 (Fla. 1st DCA 1982) (state not required to disclose identity of confidential informant who merely furnishes probable cause for search or a......
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State v. Powell, No. 5D13–2820.
...to justify disclosure of his identity.’ ” (quoting United States v. Estrella, 567 F.2d 1151, 1153 (1st Cir.1977))); State v. Chamblin, 418 So.2d 1152, 1154 (Fla. 1st DCA 1982) (“The State is not required to disclose the identity of a confidential informant who merely furnishes the probable ......