FL1: Even with issuing magistrate having second thoughts and suppessing, SW was executed in good faith

A search warrant was issued for drugs and firearms, and the CI was a “disgruntled” ex-girlfriend. The issuing judge heard the motion to suppress and decided that her disgruntledness required corroboration, and, on second thought, she wouldn’t have issued the search warrant without it. Thus, the search was suppressed. Still, the warrant was relied upon in good faith, and the grant of the motion to suppress is reversed. State v. Smith, 2021 Fla. App. LEXIS 1978 (Fla. 1st DCA Feb. 11, 2021):

Here, even if the original probable cause determination were incorrect, the search warrant affidavit created at least a “colorable argument” that probable cause existed. In fact, the same conscientious judge who granted the motion to suppress originally signed the warrant based on the same facts. It was only upon reconsidering those facts given additional legal argument that the judge changed her mind. No significant new information or omissions were brought to light during the suppression hearing.

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