STATE v. BENEY

Nos. 87-670, 87-671.

523 So.2d 744 (1988)

STATE of Florida, Appellant, v. Kathy BENEY and William Mosley, Appellees.

District Court of Appeal of Florida, Fifth District.

April 14, 1988.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and W. Brian Bayly, Asst. Atty. Gen., Daytona Beach, for appellant.

Thomas W. Turner, Orlando, for appellees.


ORFINGER, Judge.

The State appeals from an order granting a motion to suppress evidence obtained by virtue of a search warrant. The trial court concluded that the affidavit on which the warrant was based (and which was the only information supplied to the issuing magistrate) contained material statements which were at least recklessly false, thus requiring suppression. We affirm.

In the affidavit for the issuance of the search warrant, Officer Porro stated...

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