State v. Lasswell
| Decision Date | 04 June 1980 |
| Docket Number | No. 78-2307,78-2307 |
| Citation | 385 So.2d 668 |
| Parties | STATE of Florida, Appellant, v. Timothy James LASSWELL, Appellee. |
| Court | Florida District Court of Appeals |
Jim Smith, Atty. Gen., Tallahassee, and Richard G. Pippinger, Asst. Atty. Gen., Tampa, for appellant.
Manuel M. Garcia, Tampa, for appellee.
The state charged appellee with possession of more than five grams of marijuana. He filed a motion to quash a search warrant and to suppress the marijuana and other evidence seized thereunder. Following a hearing at which the court heard no testimony, it granted the motion. This is an appeal from the order of suppression.
Circuit Judge J. C. Cheatwood issued the search warrant on August 4, 1978. The affidavit upon which Judge Cheatwood based the warrant was signed by a narcotics agent of the Hillsborough County Sheriff's Department on the same date. The affidavit read as follows:
That your affiant was previously employed with the Pinellas County Sheriff's office from 1 June 1973 until 30 October 1974. That your affiant is a member of the Hillsborough County Sheriff's office and has been so employed since 1 November 1974. That your affiant has been assigned to the Inspectional Services Division as a narcotics investigator since 1 May 1976 and has investigated and arrested persons for violation of the Florida Comprehensive Drug Abuse Prevention and Control Act in his capacity as a narcotics investigator. Your affiant has also been a participant in narcotics arrest in his employment with the Pinellas County Sheriff's office from 1 June 1973 until 30 October 1974 and in his employment with the Hillsborough County Sheriff's office since 1 November 1974. Your affiant has participated in the execution of numerous search warrants for narcotics, marijuana, and dangerous drugs, which has resulted in the arrest of persons violating the Florida Comprehensive Drug Abuse Prevention and Control Act. Moreover, your affiant is a graduate of the United States Department of Justice, Drug Enforcement Administration Narcotics School. Your affiant is personally familiar with the illegal possession, delivery and sale of narcotics, marijuana, and dangerous drugs in Hillsborough County, Florida.
During the week of 30 July 1978, your affiant was contacted by confidential informant number 78-530, hereafter referred to as confidential informant. Said confidential informant advised your affiant that a white male known to confidential informant as Timothy J. Lasswell resides in an apartment as described in Exhibit "A" of the search warrant and is a dealer in marijuana which is being kept in the aforementioned residence.
During the week of 30 July 1978, your affiant was advised by confidential informant that during the week of 30 July 1978 said confidential informant was personally within the aforementioned residence and observed a quantity of marijuana within said residence and that the said marijuana was in the possession and control of the white male, known to said confidential informant as Timothy J. Laswell.
During the week of 30 July 1978, your affiant was advised by said confidential informant that the aforementioned apartment was apartment number 215 and is located on the east end of the first building west of Grove Terrace and south of Inverness Lane. Said building being light gold in color with dark brown trim and having a dark brown door which faces north. Said confidential informant advised that the aforementioned apartment has the address of 5411 Inverness Lane, Apartment 215, Temple Terrace, Hillsborough County, Florida.
During the week of 30 July 1978, your affiant accompanied by confidential informant proceeded to the area of the Candlewick Apartment Complex. Said confidential informant pointed out the residence in which the confidential informant had observed the marijuana during the week of 30 July 1978. Your affiant personally observed the aforementioned building and apartment to be as described by the said confidential informant.
During the week of 30 July 1978, your affiant was advised by confidential informant that the white male Timothy J. Lasswell operated a 1973 Chevrolet two door vehicle, with Florida registration ANW-762.
During the week of 30 July 1978, your affiant through independent investigation determined that Florida registration ANW-762 was in the name of a white male Timothy J. Lasswell.
Based on the above listed information, your affiant has probable cause to believe and does believe that the residence described in Exhibit "A" is being utilized as a storehouse for marijuana.
Your affiant offers the following to show the trustworthiness and reliability of the said confidential informant.
1. Your affiant personally accompanied confidential informant 78-530 to the residence described in Exhibit "A" and the confidential informant 78-530 pointed out the residence as the residence of a white male Timothy J. Lasswell.
2. Your affiant obtained the Florida registration ANW-762 from confidential informant which proved to be in the name of a white male Timothy J. Lasswell.
3. Your affiant has been personally acquainted with confidential informant 78-530 for approximately one (1) month and information provided by said confidential informant 78-530 was found to be true and correct.
4. Confidential informant 78-530 has provided information in the past which has resulted in the pending arrest of one (1) individual for violation of the Florida Comprehensive Drug Abuse Prevention and Control Act, to-wit: delivery of marijuana.
5. The identity of the confidential informant is being withheld at this time but will be revealed to the judge issuing this warrant if need be.
6. Confidential informant 78-530 is familiar with marijuana and can readily recognize it in its various forms.
7. That confidential informant 78-530 has been inside said apartment and has advised affiant that the marijuana is kept by the said Tim Lasswell in the front bedroom thereof.
This affidavit adequately fulfilled the legal requirements necessary to obtain a search warrant. The information therein was sufficiently current. House v. State, 323 So.2d 659 (Fla. 1st DCA 1975). The reliance upon the hearsay statements of the confidential informant was proper because the affidavit met the two-prong test of Aguilar v. Texas, 378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed.2d 723 (1964). First the affidavit showed that the informant had personally observed the marijuana in Lasswell's apartment. Second the credibility of the informant was indicated by the fact that he had furnished reliable information in the past. Moreover, the affiant's own investigation verified some of the information supplied by the informant. Spinelli v. United States, 393 U.S. 410, 89 S.Ct. 584, 21 L.Ed.2d 637 (1969). No one can doubt that the contents of the affidavit demonstrated probable cause. 1 See State v. Compton, 301 So.2d 810 (Fla. 2d DCA 1974); State v. Lewis, 225 So.2d 170 (Fla. 2d DCA 1969).
The basis upon which the lower court quashed the search warrant was its belief that the pertinent assertions in the affidavit were "mere conclusory statements unsupported by basic factual data to objectively show and illustrate how the informant knew or could have known that the substance he allegedly observed in the apartment was actually marijuana or that Defendant was a dealer in marijuana or how the affiant knew or could have known that the informant was familiar with and could recognize...
To continue reading
Request your trial
-
State v. Siegel, 95-3225
...v. State, 579 So.2d 802, 805 (Fla. 5th DCA 1991) (citing State v. Price, 564 So.2d 1239, 1241 (Fla. 5th DCA 1990)); State v. Lasswell, 385 So.2d 668, 670 n. 1 (Fla. 2d DCA), review denied, 392 So.2d 1376 (Fla.1980). The magistrate's determination is entitled to deference unless it fails to ......
-
State v. Enstice
...in detail and somewhat conclusory; however there are enough underlying facts set forth to meet minimum standards. See State v. Lasswell, 385 So.2d 668, 670 (Fla. 5th DCA), rev. denied, 392 So.2d 1376 (Fla.1980). Moreover, because this case involved two separate confidential informants, the ......
-
State v. Chen
...explicit." Id. This court has applied the principle that affidavits should be read in a common-sense manner. In State v. Lasswell, 385 So.2d 668, 670-71 (Fla. 2d DCA 1980), this court quoted United State v. Ventresca, 380 U.S. 102, 108, 85 S.Ct. 741, 13 L.Ed.2d 684 (1965), as [T]he Fourth A......
-
Younger v. State, 82-248
...v. Ventresca, 380 U.S. 102, 85 S.Ct. 741, 13 L.Ed.2d 684 (1965). Appellant relies on two cases, Churney v. State and State v. Lasswell, 385 So.2d 668 (Fla. 2d DCA 1980) and claims the failure of the affiant to state how he was able to identify the substance he observed as being marijuana re......