STATE v. RUSHING

No. 5D10-2985.

83 So.3d 746 (2011)

STATE of Florida, Appellant, v. Darwyn RUSHING, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied August 10, 2011.


Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, Tallahassee, and Kellie A. Nielan , Assistant Attorney General, Daytona Beach, for Appellant.

Reed C. Cary , Melbourne, for Appellee.


MONACO, J.

The State of Florida appeals an order of the trial court granting the motion of the appellee, Darwyn Rushing, to suppress evidence that was seized from his home pursuant to a search warrant. The trial court held that the supporting affidavit did not establish probable cause, that the search was thus unreasonable, and that the good faith exception did not apply. While the question of whether there was probable cause to underpin the search is a close question...

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