Gonzalez v. State
Gonzalez challenged the denial of her motion to suppress, arguing the search warrant affidavit was invalid because the law enforcement officer who witnessed the affidavit's signature was a 'party to the underlying transaction' under section 117.107(12), Florida Statutes, which bars notaries with a financial or party interest from notarizing a document. The Sixth DCA rejected the argument, holding first that the officer did not witness the affidavit in a notarial capacity, and second, that even if he had, the phrase 'underlying transaction' does not extend to a law enforcement officer's own search warrant application under a proper textual and structural reading of the statute.
Key facts
- Gonzalez challenged the denial of her motion to suppress a search warrant, arguing the affidavit was invalid because a law enforcement officer witnessed it while serving as a notary with a financial or party interest under Florida Statutes section 117.107(12).
- The trial court denied Gonzalez's motion to suppress the search warrant affidavit.
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Why it matters
This opinion addresses a novel and previously unaddressed argument in Florida practice: whether the notary-conflict-of-interest provision in section 117.107(12) can invalidate a search warrant affidavit witnessed by the… — full analysis with a trial
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