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State v. Maycan

District Court of Appeal of Florida, Fourth District
Nov 28, 1984
458 So. 2d 63 (Fla. Dist. Ct. App. 1984)

Opinion

No. 84-301.

October 24, 1984. Rehearing Denied November 28, 1984.

Appeal from the Circuit Court, Palm Beach County, Jack Cook, J.

Jim Smith, Atty. Gen., Tallahassee, and Penny H. Brill, Asst. Atty. Gen., West Palm Beach, for appellant.

James K. Green of Green, Eisenberg Cohen, Lawyers, West Palm Beach, for appellee.


The State of Florida appeals from an order suppressing evidence seized pursuant to two search warrants.

We agree with the trial court's conclusion that neither the search warrants nor the supporting affidavits particularly described the things to be seized. The warrants identified the items to be seized as "violation of law relating to narcotics or drug abuse being violated therein." Appellant contends that this description is sufficient to satisfy the requirements of Carlton v. State, 449 So.2d 250 (Fla. 1984). We disagree. The warrants considered by the court in Carlton identified the item to be seized as a controlled substance. The trial court correctly found that although it might be inferred from the affidavit in support of the curtilage warrant that the officers were looking for marijuana plants, "nowhere in the affidavit do they so state." Since neither the warrants nor the affidavits contained a description of the property to be seized, they constituted general warrants authorizing exploratory searches. We affirm the order of suppression on the authority of Carlton v. State, supra.

AFFIRMED.

GLICKSTEIN, DELL and BARKETT, JJ., concur.


Summaries of

State v. Maycan

District Court of Appeal of Florida, Fourth District
Nov 28, 1984
458 So. 2d 63 (Fla. Dist. Ct. App. 1984)
Case details for

State v. Maycan

Case Details

Full title:STATE OF FLORIDA, APPELLANT, v. ROBERT F. MAYCAN, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Nov 28, 1984

Citations

458 So. 2d 63 (Fla. Dist. Ct. App. 1984)

Citing Cases

Watson v. State

Carlton; Kinker v. State, 458 So.2d 392 (Fla. 5th DCA 1984). The warrant in this case was not so broad as to…

State v. Glass

Id. at 543. See also State v. Maycan, 458 So.2d 63, 64 (Fla. 4th DCA 1984) (search warrants determined…