Legal Opinion

In re Forfeiture of $71,511.53 in United States Currency

District Court of Appeal of Florida

Decided February 3, 1988No. 4-86-0911Published

1Opinion of the Court

HERSEY, Chief Judge.

In the execution of a search warrant after a “controlled buy,” law enforcement officers forced their way into the home of Sarah Davis. On the premises they found contraband drugs and paraphernalia, as well as the currency which is the subject matter of these forfeiture proceedings.

The leading issue in this appeal from the order granting forfeiture is whether there was compliance with the “knock and announce” statute and, if not, whether entry was permissible under one of the exceptions to this statutory requirement.

The “knock and announce” rule, embodied in section 933.09,…

2Cases cited2 opinions

  1. Benefield v. StateSupreme Court of Florida · 1964
  2. Van Allen v. StateDistrict Court of Appeal of Florida · 1984

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