Legal Opinion

Burden v. State

District Court of Appeal of Florida

Decided July 27, 1984No. Nos. AU-271, AU-272PublishedCited by 3 opinions

1Opinion of the Court

ZEHMER, Judge.

Appellants Burden and Dillman appeal the trial court’s denial of their motions to suppress physical evidence seized pursuant to a search warrant.1 They contend the warrant was executed in violation of section 933.09, Florida Statutes (1981), the “knock and announce” statute. We agree and reverse.

On February 24, 1983, appellants Burden and Dillman were arrested for possession of controlled substances after a search warrant was executed at their dwelling in Jacksonville. Prior to trial, appellants moved to suppress the physical evidence seized under the warrant, alleging the…

Also in this document: Concurrence.

2Cases cited8 opinions

  1. Sabbath v. United StatesSupreme Court of the United States · 1968
  2. Johnson v. StateDistrict Court of Appeal of Florida · 1981
  3. State v. KellySupreme Court of Florida · 1973
  4. State v. CollierDistrict Court of Appeal of Florida · 1972
  5. Walden v. StateDistrict Court of Appeal of Florida · 1981

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3Cited by3 opinions

  1. State v. RobinsonDistrict Court of Appeal of Florida · 1990
  2. Albritton v. StateDistrict Court of Appeal of Florida · 1994
  3. In re: Forfeiture of Nine Thousand Dollars of United States CurrencyCircuit Court for the Judicial Circuits of Florida · 1991

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