SPERA v. STATE

No. 84-310.

467 So.2d 329 (1985)

James Joseph SPERA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied April 22, 1985.


Attorney(s) appearing for the Case

D. Lee Fugate, St. Petersburg, for appellant.

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


DANAHY, Judge.

In a case of first impression in Florida, we hold that a stale search warrant vitiates a search pursuant to that warrant and requires suppression of any evidence seized as a consequence of the search. Further, in accordance with the ten-day limitation specified in section 933.05, Florida Statutes (1983), we hold that a search warrant in Florida becomes stale ten days after its issuance.

In the instant case, a search warrant was issued on March...

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