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STATE v. SMITH

No. 2469.

224 So.2d 352 (1969)

STATE of Florida, Appellant, v. Russell SMITH, Stanley Smith and Donna Smith, Appellees.

District Court of Appeal of Florida. Fourth District.

Rehearing Denied July 28, 1969.

Attorney(s) appearing for the Case

Earl Faircloth, Atty. Gen., Tallahassee, and Charles W. Musgrove, Asst. Atty. Gen., West Palm Beach, for appellant.

Andrew Welch and Edward R. Kirkland, Orlando, for appellees.

PER CURIAM.

The state takes this interlocutory appeal from the trial court's order quashing a search warrant. The issue involved the sufficiency of an affidavit to present to an independent neutral magistrate probable cause to issue the search warrant. We find the presentment by the state failed to pass muster under the dictates of Aguilar v. Texas, 1964, 378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed.2d 723; and now the most recent Spinelli...

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