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Mesa v. State (Fourth District Court of Appeals,St. Lucie County, Dec. 21st 2011)

This case dealt with the legality of a search warrant.  In general, when presented with an application for a search warrant, a magistrate's duty is simply to make a practical, common-sense decision, whether, given all the circumstances set forth within the four corners of the affidavit before him, there is a fair probability that evidence of a crime will be found in a particular place.

In this case, the affidavit did not provide probable cause for the issuance of a warrant to search defendant's residence for drug evidence, even though the affidavit related that defendant loaned his truck to a person who had a marijuanagrow house, that the person often visited defendant and used the truck to further the person's criminal enterprise, that a humming noise was heard from within defendant's residence, and, inter alia, that defendant's residence had sensor lights at its corners.

The affidavit lacked particulars about the visits and use of the truck, facts discovered during police investigation had innocent explanations, and nothing in the affidavit indicated that defendant's residence had the characteristics of the person's grow house.

Therefore, the Appeals Courts through out the convictions for the manufacture of marijuana, conspiracy to traffic in marijuana and possession of cocaine, alprazolam, amphetamine, hydrocodone, and oxycodone.  These drugs were found in the house after the search warrant was executed.