State v. Faidy
Docket: No. 5D04-3686
Court: District Court of Appeal of Florida; January 12, 2006; Florida; State Appellate Court
The state appeals the trial court's dismissal of a probation violation proceeding against the defendant, Fai-dy. The trial court determined it lacked jurisdiction due to the affidavit used for the arrest warrant not being sworn under oath before an authorized individual, as mandated by prior case law (Jackson v. State, 881 So.2d 666). In a subsequent case (Crain v. State, 914 So.2d 1015), it was reaffirmed that such an affidavit is indeed defective; however, it was clarified that a defective affidavit does not invalidate the warrant if the good faith exception to the exclusionary rule applies. Given the potential applicability of this exception in the current case, the dismissal order is reversed and the case is remanded for reconsideration in light of the Crain decision. The ruling is supported by Pleus, C.J., and Peterson, E., Senior Judge.