State v. Henderson, s. 75--375
Decision Date | 05 September 1975 |
Docket Number | Nos. 75--375,75--376,s. 75--375 |
Parties | STATE of Florida, Appellant, v. William Wade HENDERSON, Appellee. |
Court | Florida District Court of Appeals |
Robert L. Shevin, Atty. Gen., Tallahassee, and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellant.
James A. Gardner, Public Defender, and Steven H. Denman, Asst. Public Defender, Bradenton, for appellee.
The State appeals interlocutory orders granting Henderson's motions to suppress evidence.
Henderson was charged by two informations with receiving and concealing stolen property and possession of burglarious tools as a result of property seized in a search of his home. The property was seized pursuant to a search warrant based upon an affidavit in which affiant stated his reasons for believing the laws were being violated on the described premises as follows:
The affidavit then stated that Charlotte Williams particularly described the jewelry contained in the pouch, which description was included in the affidavit.
Affiant appeared before the issuing migistrate and swore to the allegations contained in his affidavit, stating the facts on which he based his reason for believing that the law was being violated in the premises. He also told the magistrate that Mrs. Henderson appeared at his office and told him that she had been involved in cashing checks taken in burglaries by Mr. Henderson.
At the hearing on the motion to suppress, affiant stated that Mrs. Henderson told him she was in fact married to William Wade Henderson, although she did not present any positive proof of her identity.
The trial court granted the motion to suppress, relying on WOLFF V. STATE, FLA.APP.3D 1974, 291 SO.2D 15,1 which held that a search warrant for a private dwelling could not be...
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Bush v. State, s. 78-1043
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...may be established by corroboration from an independent source. See Findlay v. State, 316 So.2d 33 (Fla.1975), and State v. Henderson, 318 So.2d 524 (Fla. 2 DCA 1975). Reversed and remanded with directions to vacate the order denying appellant's motion to suppress the evidence and to grant ......
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