Treverrow v. State, No. 35311

CourtUnited States State Supreme Court of Florida
Writing for the CourtSACK; THORNAL; THOMAS
Citation194 So.2d 250
PartiesIames A. TREVERROW, Petitioner, v. STATE of Florida, Respondent.
Decision Date25 January 1967
Docket NumberNo. 35311

Page 250

194 So.2d 250
Iames A. TREVERROW, Petitioner,
STATE of Florida, Respondent.
No. 35311.
Supreme Court of Florida.
Jan. 25, 1967.

Page 251

A. K. Black, Lake City, for petitioner.

Earl Faircloth, Atty. Gen., and Thomas E. Boyle, Asst. Atty. Gen., for respondent.

SACK, Circuit Judge.

We granted certiorari on an alleged conflict between the decision below of the District Court of Appeal, First District, in Treverrow v. State of Florida, Fla., 184 So.2d 473, and our opinions in Cooper v. State, Fla., 143 So. 217, and Chacon v. State, 102 So.2d 578, and Harrington v. State, 110 So.2d 495.

At issue are the questions of the sufficiency of the affidavit upon which the search warrant was issued and the right of the defendant-petitioner to have disclosed to him the name of the informer. The Beverage officer's affidavit contained the following material language:

'On Wednesday, January 6, 1965, a reliable confidential informer told me that about two days prior to this date, he saw two metal drums containing fermented mash inside the above described premises.'

It will be seen that the agent here affirmed under oath: (a) that the information given him was by one whom he considered reliable, and (b) that the information consisted of a direct observation by the informer of the presence of the mash inside the premises in question.

In the Cooper case, supra, the affidavit only said:

'That the aforesaid belief of affiant is based upon the following facts; upon information furnished affiant by parties who have knowledge of such sale and possession and whom affiant believes to be truthful and reliable.'

This affidavit stated no factual basis for the alleged knowledge of the informer. Such knowledge could have been based on hearsay or hearsay on hearsay. It contained no statement that the informer had seen or participated in the sale or the possession of the liquor. As we pointed out in our opinion:

'It will be observed that this language does not state any fact on which such

Page 252

reason or belief is based, but is equivalent only to an allegation 'that affiant has reason to believe and does believe, on information and belief.''

While the information given to the officer in the case sub judice came from a third person and would not be admissible at the trial of the cause, yet in Chacon, supra, we announced that the information forming the basis for a search warrant is not to be measured by its admissibility as evidence in the trial of the...

To continue reading

Request your trial
57 cases
  • State v. Zamora, 86-3079
    • United States
    • Court of Appeal of Florida (US)
    • 6 Diciembre 1988 withhold the identity of a confidential informer...." State v. Hassberger, 350 So.2d 1, 2 (Fla.1977); see Treverrow v. State, 194 So.2d 250, 252 (Fla.1967); Spataro v. State, 179 So.2d 873, 878 (Fla. 2d DCA 1965); State v. Hardy, 114 So.2d 344 (Fla. 1st DCA 1959); Harrington v. State, 11......
  • State v. Hassberger, s. 48444 and 48445
    • United States
    • United States State Supreme Court of Florida
    • 26 Mayo 1977 privilege to withhold the identity of a confidential informer is well established under Florida law. Treverrow v. State, 194 So.2d 250 (Fla.1967); Harrington v. State, 110 So.2d 495 (Fla. 1st DCA 1959); Spataro v. State, 179 So.2d 873 (Fla. 2d DCA 1965). Even where the informer neve......
  • Lewandowski v. State, 579S130
    • United States
    • Indiana Supreme Court of Indiana
    • 17 Mayo 1979
    ...State v. Gill (1975), 22 Or.App. 484, 539 P.2d 1138; Doe v. State (1972), Fla.App., 262 So.2d 11, citing Treverrow v. State (1967), Fla., 194 So.2d 250; Gill v. State (1971), 11 Md.App. 593, 275 A.2d 505. Both Roviaro and the Indiana decisions implicitly recognize this burden on behalf of t......
  • Lang v. Tucker, Case No. 5:09cv229/RS/EMT
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Northern District of Florida
    • 8 Octubre 2011
    ...thePage 15burden is on the defendant claiming an exception to the rule to show why he is entitled to disclosure. See Treverrow v. State, 194 So. 2d 250, 252 (Fla. 1967). The first component necessarily centers around a specific defense asserted by the defendant in the case, as to which the ......
  • 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