SMITH v. STATE

No. 82-2236.

438 So.2d 896 (1983)

Henry SMITH and Torie Brandow, Appellants, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied October 20, 1983.


Attorney(s) appearing for the Case

Richard Mars and Jack T. Edmund of Edmund & McDaniel, Bartow, for appellants.

Jim Smith, Atty. Gen., Tallahassee, and William E. Taylor, Asst. Atty. Gen., Tampa, for appellee.


GRIMES, Judge.

Appellants' convictions for possession of cocaine and marijuana depended upon the validity of a search warrant. Their attack on the warrant was predicated primarily upon the staleness of facts set forth in the affidavit.

The affidavit for the warrant was signed on May 26, 1982, and the warrant was issued the same day. The affidavit first recited that the affiant was a narcotics investigator for the sheriff's office and detailed the affiant's...

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