/ State v. Young

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT STATE OF FLORIDA, Appellant, v. TYRAN A. YOUNG, Appellee. ) ) ) ) ) ) ) ) ) ) Case No. 2D11-5953 Opinion filed April 12, 2013. Appeal from the Circuit Court for Sarasota County; Donna Padar Berlin, Judge. Pamela Jo Bondi, Attorney General, Tallahassee, and Helene S. Parnes, Assistant Attorney General, Tampa, for Appellant. Ita M. Neymotin, Regional Counsel, Second District, Bartow, and Stacy L. Sherman, Assistant Regional Counsel, Office of Criminal Conflict and Civil Regional Counsel, Fort Myers, for Appellee. BLACK, Judge. The State of Florida appeals the trial court's order granting Tyran A. Young's motion to suppress evidence found in Jacqueline Faye Jones's residence pursuant to a search warrant. In his motion, Young contended the search warrant was issued without probable cause. Without stating its rationale for doing so, the trial court granted Young's motion to suppress. Young, Jones, and Young's twin brother, Kyran Young, were all arrested at Jones's residence following the execution of the search warrant. Each filed a motion to suppress arguing a lack of probable cause. The facts surrounding the issuance of the warrant are detailed in State v. Jones, No. 2D11-5924, 2013 WL 645854 (Fla. 2d DCA Feb. 22, 2013). As we did in Jones, we conclude that probable cause existed and that the trial court erred in granting the motion to suppress. Accordingly, we reverse the order granting Young's motion to suppress. Reversed and remanded. SILBERMAN, C.J., and WALLACE, J., Concur. -2-

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