Wallace v. State, 75-605
| Decision Date | 31 October 1975 |
| Docket Number | No. 75-605,75-605 |
| Citation | 321 So.2d 97 |
| Parties | David H. WALLACE, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Joe M. Mitchell, Jr., P.A., Melbourne, for appellant.
Robert L. Shevin, Atty. Gen., and Paul H. Zacks, Marie Bernard and Frank B. Kessler, Asst. Attys., Gen., West Palm Beach, for appellee.
Appellant was convicted of a violation of the Drug Abuse Law and on this appeal assigns as error the denial of his motion to suppress certain tangible evidence seized as a result of a warrantless search of his automobile.
From our review of the record, examination of the briefs and consideration of the oral argument, we conclude that it was error to deny the motion to suppress. The information which the confidential informant furnished to the officer making the search was legally insufficient to be a basis for probable cause. See, Andersen v. State, 274 So.2d 228 (Fla.1973), cert. denied, 414 U.S. 879, 94 S.Ct. 150, 38 L.Ed.2d 124 (1973); Byrd v. State, 80 So.2d 694 (Fla.1955); Collins v. State, 65 So.2d 61 (Fla.1953).
The judgment is reversed and this cause is remanded with directions that appellant be accorded the opportunity to withdraw his plea of nolo contendere. See, State v. Ashby, 245 So.2d 225 (Fla.1971).
Reversed and remanded.
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Brown v. State, 77-432
...DCA 1976); Tiller v. State, 330 So.2d 792 (Fla.1st DCA 1976); Stanley v. State, 327 So.2d 243 (Fla.2d DCA 1976); Wallace v. State, 321 So.2d 97 (Fla.4th DCA 1975); Perry v. State, 296 So.2d 505 (Fla.3d DCA 1974); Jackson v. State, 294 So.2d 114 (Fla.4th DCA There is one essential limitation......
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Fernandez v. State
...trial court with direction that the appellant be accorded the opportunity to withdraw his plea of nolo contendere. See: Wallace v. State, 321 So.2d 97 (Fla. 4th DCA 1975). ...
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