State v. Phillip, 329 So. 2d 299 (Fla. 1976). · Go Syfert
State v. Phillip, 329 So. 2d 299 (Fla. 1976). Cases Citing This Book View Copy Cite
10 citation events across 3 distinct courts.
Strongest positive: Glazer v. Glazer (fladistctapp, 1981-01-14)
Top citers, strongest first. 1 distinct citer. How cited ↗
cited Cited "see, e.g." Glazer v. Glazer
Fla. Dist. Ct. App. · 1981 · signal: see also · confidence low
See also Hyman v. Hyman, 310 So.2d 378, 380 (Fla. 2d DCA 1975), cert. discharged, 329 So.2d 299 (Fla. 1976).
Retrieving the full opinion text from the archive…
STATE of Florida
v.
Thomas Edward PHILLIP and Cathy Josephine Phillip
No. 47546.
Supreme Court of Florida.
Mar 17, 1976.
329 So. 2d 299
Robert L. Shevin, Atty. Gen., and Wallace E. Allbritton, Asst. Atty. Gen., for petitioner., Murray M. Wadsworth of Thompson, Wadsworth, Messer & Turner, Tallahassee, for respondents.
Boyd, England, Overton, Roberts, Sundberg.
Published
ROBERTS, Justice.

This cause is before us on certiorari granted without oral argument to review the decision of the District Court of Appeal, First District, 311 So.2d 796, which directly conflicts with this Court’s recent decision in State v. Laiser, 322 So.2d 490 (Fla.1975), thus vesting jurisdiction in this Court pursuant to Article V, Section 3(b)(3), Constitution of Florida.

In a decision affirming an order of the trial court granting a motion to suppress based on an allegation that a search warrant was defective on its face because it failed to command a return of the property to the issuing court, the District Court relied upon the decision of the District Court of Appeal, Fourth District, in Laiser v. State, 299 So.2d 39 (Fla.App. 4th, 1973), which decision was quashed by this Court in State v. Laiser, supra. In State v. Laiser, supra, this Court stated:

“We reject as unworkable and unnecessarily technical any suggestion that a statute requires a warrant to direct the physical return of evidence to the issuing magistrate himself in all cases.”

The decision of the District Court of Appeal, First District, is quashed and the cause is remanded for further proceedings consistent herewith.

It is so ordered.

OVERTON, C. J., and BOYD, ENGLAND and SUNDBERG, JJ., concur.