Mark Serena v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledAugust 14, 2026
Docket6D2025-0679
StatusPublished
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Full Opinion
SIXTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
Case No. 6D2025-0679
Lower Tribunal No. 2023-CF-016133
_____________________________
MARK SERENA,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
_____________________________
Appeal from the Circuit Court for Lee County.
Andrew Marcus, Judge.
August 14, 2026
PER CURIAM.
AFFIRMED. See United States v. Smith, 531 F.3d 1261, 1264 (10th Cir. 2008)
(โThe warrant in this case . . . contained an accurate and adequate description of the
property, even if it turned out to be broader than appropriate . . . . We therefore
conclude that any overbreadth in the warrantโs description of the premises to be
searched did not render the warrant invalid.โ); Harman v. Pollock, 446 F.3d 1069,
1074 (10th Cir. 2006) (โ[A]lthough the address given in the warrant was not the
address of the garage residence, โthe description of the premises to be searched . . .
still describe[d] the same piece of property.โโ (quoting United States v. Gitcho, 601
F.2d 369, 371-72 (8th Cir. 1979))); see generally Clapsaddle v. State, 545 So. 2d
946, 947 (Fla. 2d DCA 1989) (โThe test to be applied in determining the validity of
a search warrant is whether, when a search warrant is read in a common sense, not
technical, way, it shows ample facts to establish probable cause and enables the
searcher, with reasonable effort, to identify the place to be searched. The test is one
of practical accuracy, not technical nicety.โ).
TRAVER, C.J., and NARDELLA and MIZE, JJ., concur.
Jason T. Forman, of Law Offices of Jason T. Forman, P.A., Fort Lauderdale, for
Appellant.
James Uthmeier, Attorney General, Tallahassee, and Marena S. Ramirez, Assistant
Attorney General, Tampa, for Appellee.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING
AND DISPOSITION THEREOF IF TIMELY FILED
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