STATE v. NILES

No. 74-1127.

307 So.2d 455 (1975)

STATE of Florida, Appellant, v. Gary John NILES, Appellee.

District Court of Appeal of Florida, Fourth District.

February 7, 1975.


Attorney(s) appearing for the Case

Philip S. Shailer, State's Atty. by Jon H. Gutmacher, Asst. State's Atty., Fort Lauderdale, for appellant.

Warner S. Olds, Public Defender by William W. Herring, Asst. Public Defender, Fort Lauderdale, for appellee.


DOWNEY, Judge.

This is an interlocutory appeal by the state from an order of the trial court granting a motion to suppress evidence seized pursuant to a search warrant authorizing a search of appellee's private dwelling.

Appellee, as defendant below, attacked the affidavit upon which the search warrant was issued on the ground that an affidavit for issuance of a search warrant for a private dwelling pursuant to § 933.18, F.S. 1973, must be based upon...

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