STATE v. NELSON

No. 88-263.

542 So.2d 1043 (1989)

STATE of Florida, Appellant, v. George NELSON, Appellee.

District Court of Appeal of Florida, Fifth District.

April 27, 1989.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Colin Campbell, Asst. Atty. Gen., Daytona Beach, for appellant.

James R. Valerino, of Cotter, Uhrig, Valerino & Cohen, P.A., Orlando, for appellee.


COBB, Judge.

ON MOTION FOR REHEARING

We withdraw the prior opinion in this case and issue the following in its place.

The issue is whether the execution of a search warrant without the supporting affidavit is fundamentally improper so as to mandate suppression of evidence irrespective of any showing by the defendant of actual prejudice. The instant warrant was properly issued but the supporting affidavit, which was incorporated by reference, was...

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