Crabtree v. State

The majority's approval of the May, 4, 1982 entry, search and seizure compels my dissent.

The defendants correctly contend that all of the evidence seized in the May 4, 1982 entry and search of their motel suite should have been suppressed because the officers executing the search warrant failed to knock and announce their identity and purpose prior to entry. There is evidence that a knock and announcement of police presence was simultaneous with the opening of the door with a passkey. "

One of the entering officers testified as follows:

*76"Q. What position did you take as you were getting ready…