Anonymous Tip | Traffic Stop | Search Warrant

Anonymous Tip, Traffic Stop
Search and seizure in a Residence with a Search Warrant was the subject of a recent Appeals court decision where Tampa Drug Defense Attorney, Casey Ebsary was not the lawyer that handled the case. In the Search Warrant there were allegations in the affidavit in support of the search warrant that a law enforcement officer had received anonymous tip that defendant's house was being used to grow marijuana. The tip stated that someone would be cropping the plants that day. Cops established surveillance at the alleged grow house.

The officers saw a pickup truck filled with black garbage bags leave the fenced property, and that when police stopped ( traffic stop )the pickup truck for running a stop sign, they discovered marijuana clippings, marijuana leaves, and root systems of marijuana plants in garbage bags. These facts established probable cause for a warrant for residence. The Trial court had granted the motion to suppress and found that the affidavit was not sufficient to establish probable cause. The appeals court ruled that the Judge who granted the Motion to Suppress had failed to give deference to determination of issuing magistrate, the judge that issued the Search Warrant. A very unusual ruling, indeed. 

Source: 35 Fla. L. Weekly D1125a