Narrative Opinion Summary
The State of Florida appeals a trial court order that granted defendants Reese and McDuffie’s motion to suppress evidence obtained through a search warrant. The State concedes that Reese has standing to contest the search but disputes McDuffie's standing. The court finds that McDuffie demonstrated he had standing, referencing State v. Suco, 521 So.2d 1100 (Fla. 1988). Additionally, there were no exigent circumstances justifying the police's noncompliance with Florida's knock-and-announce statute, section 933.09, Florida Statutes (1995), citing precedents including State v. Bamber, 630 So.2d 1048 (Fla. 1994) and State v. Robinson, 565 So.2d 730 (Fla. 2d DCA, review dismissed, 574 So.2d 143 (Fla. 1990). The trial court's decision to suppress the evidence is affirmed.
Legal Issues Addressed
Affirmation of Trial Court's Suppression Ordersubscribe to see similar legal issues
Application: The appellate court affirmed the trial court's decision to suppress the evidence obtained through the search warrant.
Reasoning: The trial court's decision to suppress the evidence is affirmed.
Exigent Circumstances and Knock-and-Announce Requirementsubscribe to see similar legal issues
Application: The court determined that there were no exigent circumstances justifying the police's noncompliance with Florida's knock-and-announce statute, leading to the suppression of the evidence.
Reasoning: Additionally, there were no exigent circumstances justifying the police's noncompliance with Florida's knock-and-announce statute, section 933.09, Florida Statutes (1995), citing precedents including State v. Bamber, 630 So.2d 1048 (Fla. 1994) and State v. Robinson, 565 So.2d 730 (Fla. 2d DCA, review dismissed, 574 So.2d 143 (Fla. 1990).
Standing to Contest Searchsubscribe to see similar legal issues
Application: The court found that McDuffie demonstrated he had standing to contest the search, despite the State's dispute.
Reasoning: The State concedes that Reese has standing to contest the search but disputes McDuffie's standing. The court finds that McDuffie demonstrated he had standing, referencing State v. Suco, 521 So.2d 1100 (Fla. 1988).