State v. Barbary

The state appeals the trial court’s order granting the defendant’s motion to suppress contraband seized from his home without a warrant. We affirm, holding that the warrantless entry into defendant’s home was not justified either under the exigent circumstances doctrine or as a valid protective sweep. See Rozzo v. State, 75 So.3d 409 (Fla. 4th DCA 2011); Diaz v. State, 34 So.3d 797 (Fla. 4th DCA 2010); Vasquez v. State, 870 So.2d 26 (Fla. 2d DCA 2003).

We distinguish Gilbert v. State, 789 So.2d 426 (Fla. 4th DCA 2001), relied upon by the state. Here, viewing the facts in the light most…