STATE v. PEREIRA

Nos. 3D06-634, 3D06-233.

967 So.2d 312 (2007)

The STATE of Florida, Appellant, v. Roberto PEREIRA, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 1, 2007.


Attorney(s) appearing for the Case

Bill McCollum, Attorney General, and Michael E. Hantman and Laura Moszer, Assistant Attorneys General, for appellant.

Robbins, Tunkey, Ross, Amsel, Raben and Waxman, and Benjamin Waxman, Miami, for appellee.

Before GERSTEN, C.J., and SUAREZ, J., and FLETCHER, Senior Judge.


SUAREZ, J.

The State of Florida appeals the trial court's order granting defendant's motion to suppress evidence of marijuana growing in defendant's home found by police pursuant to a search warrant. The trial court found that there was insufficient probable cause based on the evidence in the police affidavit for the judge to have issued the search warrant used to enter the premises. The affidavit in support of the warrant stated that the police and a trained, narcotics...

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