Soto v. State
District Court of Appeal of Florida
1Opinion of the Court
SCHWARTZ, Senior Judge.
Soto’s conviction and sentence for trafficking in heroin are reversed because the trial court did not but should have granted his motion to suppress the contraband found in his home after the police entered without complying with the “knock-and-announce” statute, section 901.19(1), Florida Statutes (2005). It is admitted that, although the police announced their presence at the door, there was fatally no evidence that they announced their purpose, which was to execute an arrest warrant, as the statute requires. § 901.19(1) (If a peace officer fails to gain admittance…
2Cases cited11 opinions
- Miller v. United StatesSupreme Court of the United States · 1958
- Jones v. StateSupreme Court of Florida · 1983
- Urquhart v. StateDistrict Court of Appeal of Florida · 1968
- State v. CableSupreme Court of Florida · 2010
- Williams v. StateDistrict Court of Appeal of Florida · 1981
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3Cited by1 opinion
- Carter v. StateDistrict Court of Appeal of Florida · 2015