Opinion
May 29, 1951.
Appeal from the Criminal Court of Record for Dade County, Ben C. Willard, J.
Prebish Rainwater, Miami, for appellant.
Richard W. Ervin, Atty. Gen., and Phillip Goldman, Asst. Atty. Gen., for appellee.
Appellant was tried and convicted in the Criminal Court of Record, Dade County for operating a gambling house. He was sentenced to pay a fine of $400 or be confined at hard labor in the State Penitentiary for a term of six months. This appeal is from that judgment. The only question brought here for determination challenges the order of the trial court overruling appellant's motion to quash the affidavit and search warrant. The essential part of the affidavit and warrant is as follows: "That the affiant was informed from reliable source and from investigation conducted by Deputy Sheriff R.S. McLeroy that in the back room of the ground floor of the building located at 1250 Coral Way, gambling was being conducted".
Casual examination reveals that the affidavit was made on the statement "that the affiant was informed from reliable source" etc. Section 22, Declaration of Rights, Constitution of Florida, F.S.A., is the controlling law on the subject and requires in substance that a search warrant may issue only upon evidence that will lead a man of prudence and caution to believe that the offense has been committed.
We do not think the affidavit meets this test. The point was covered in De Lancy v. City of Miami, Fla., 43 So.2d 856, 14 A.L.R.2d 602. We think the judgment should be reversed on authority of this case. See also Grau v. U.S., 287 U.S. 124, 53 S.Ct. 38, 77 L.Ed. 212; Cooper v. State, 106 Fla. 254, 143 So. 217; Annotations 3 A.L.R. 1517; 13 A.L.R. 1318; 27 A.L.R. 742; 39 A.L.R. 838; 41 A.L.R. 1539; 74 A.L.R. 1479.
Reversed.
SEBRING, C.J., THOMAS, J., and PARKS, Associate Justice, concur.