STATE v. GAYLE

No. 89-2130.

573 So.2d 968 (1991)

STATE of Florida, Appellant, v. Richard Anthony GAYLE, Appellee.

District Court of Appeal of Florida, Fifth District.

January 24, 1991.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Rebecca R. Wall, Asst. Atty. Gen., Daytona Beach, for appellant.

Law Firm of Troum and Wallsh, Winter Park, for appellee.


W. SHARP, Judge.

The state appeals from the trial court's order, which granted Gayle's motion to suppress evidence seized as a result of a search of Gayle's apartment, pursuant to a search warrant. The trial court found the search warrant was facially invalid because it failed to incorporate the affidavit by reference and by itself it failed to establish probable cause for the search. It also found the warrant was improperly executed because the police officer left...

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