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State v. Abbey, No. 4D09-88 (Fla. App. 11/18/2009) (Fla. App., 2009)

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STATE OF FLORIDA, Appellant, v. BRANDON ABBEY, Appellee. No. 4D09-88. District Court of Appeal of Florida, Fourth District. November 18, 2009. Appeal of non-final order from the Circuit Court for the Seventeenth Judicial Circuit, Broward County, Stanton S. Kaplan, Judge, L.T. Case No. 06-22827 CF 10A. Bill McCollum, Attorney General, Tallahassee, and Heidi L. Bettendorf, Assistant Attorney General, West Palm Beach, for appellant. Mardi Levey Cohen of the Law Office of Mardi L. Cohen, P.A., Fort Lauderdale, for appellee. TAYLOR, J. In this prosecution for vehicular homicide, the state appeals the trial court’s order granting the defendant’s motion to suppress evidence seized after execution of a search warrant. The trial court found that the affidavit and application for a search warrant for the “black box” from the defendant’s vehicle lacked sufficient facts to establish probable cause for issuance of the warrant...continue to full post

Full post as published by Florida Criminal Law Opinions on November 18, 2009 (boomark / email).