Gustafson v. State, 287 So. 2d 69 (Fla. 1973). · Go Syfert
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Gustafson v. State, 287 So. 2d 69 (Fla. 1973). Cases Citing This Book View Copy Cite
8 citation events (6 in the last 25 years) across 3 distinct courts.
Strongest positive: Allotey v. Secretary, Department of Corrections (flmd, 2020-12-18)
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited as authority (rule) Allotey v. Secretary, Department of Corrections
M.D. Fla. · 2020 · confidence medium
State, 67 So.3d 1020 (Fla. 2011) (failure of the detective to sign the affidavit when the affidavit in support of the search warrant was initialed and sworn to under oath before the judge did not render the search warrant fatally deficient); Cain v. State, 287 So.2d 69, 70 (Fla. 1973) (approving the decision of the 2nd DCA finding the 4 It has even been found acceptable to have an unattached affidavit in a file folder along witha warrant as long as the affidavit is specifically incorporated into the warrant by reference.
discussed Cited as authority (rule) State v. Moreno-Gonzalez (2×)
Fla. Dist. Ct. App. · 2009 · confidence medium
Cain v. State, 287 So.2d 69, 70 (Fla.1973).
discussed Cited "see, e.g." Moreno-Gonzalez v. State
Fla. · 2011 · signal: see, e.g. · confidence low
See, e.g., Cain v. State, 287 So.2d 69 , 70 (Fla.1978) (approving decision of district court reversing a trial court order of suppression on the basis that the failure of the judge to fill in the date on a search warrant was “a mere technicality and not prejudicial”); State v. McManus, 404 So.2d 757, 758 (Fla. 4th DCA 1981) (upholding a circuit court order of interception, i.e., a wiretap, even though the application and affidavit in support of the order did not bear a jurat, a date, the signature of the issuing judge, or the seal of office), review denied, 412 So.2d 468 (Fla.1982).
Retrieving the full opinion text from the archive…
James E. GUSTAFSON
v.
STATE of Florida
No. 43704.
Supreme Court of Florida.
Dec 19, 1973.
287 So. 2d 69
H. Franklin Robbins, Jr., James M. Russ, and Michael F. Cycmanick, the Law Offices of James M. Russ, Orlando, for petitioner., Robert L. Shevin, Atty. Gen., and C. Marie Bernard, Asst. Atty. Gen., for respondent.
Adkins, Boyd, Carlton, Dekle, Ervin, McCain, Roberts.
Cited by 1 opinion  |  Published
PER CURIAM.

The petition for writ of certiorari directed to the 4th District’s opinion reported at 273 So.2d 86 (1973), reflected apparent jurisdiction in this Court. We issued the writ and have heard argument of the parties. Upon further consideration of the matter we have determined that the cited decisions present no direct conflict as required by Article V, Section 3(b)(3) (1973), Florida Constitution, F.S.A. Therefore, the writ must be and is hereby

Discharged.

It is so ordered.

CARLTON, C. J., and ROBERTS, ADKINS, BOYD and DEKLE, JJ., concur. ERVIN and McCAIN, JJ., dissent.