FL2 sua sponte raises lack of standing on the record and remands

“The State appeals the trial court’s order granting Ricardo Fernandez’s motion to suppress after the trial court found the affidavit used to obtain the anticipatory search warrant was deficient and the good faith exception to the warrant requirement did not apply. We affirm the trial court’s order to the extent it provides the search and seizure was illegal based upon the deficient warrant without comment. However, because the issue of Mr. Fernandez’s standing to challenge the invalid warrant was not addressed below, we reverse and remand for a new suppression hearing at which the trial court shall address the sole issue of standing. If the trial court finds Mr. Fernandez establishes his standing to challenge the invalid warrant, then the motion to suppress should be granted. See McCauley v. State, 842 So. 2d 897, 900 (Fla. 2d DCA 2003).” State v. Fernandez, 2021 Fla. App. LEXIS 73 (Fla. 2d DCA Jan. 6, 2021).

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