Hernandez v. State

After the denial of his motion to suppress, Hernandez entered a no contest plea to the charge of trafficking in twenty-eight grams or more of cocaine. He reserved the right to appeal the denial of his motion, which the trial court properly found to be dispositive. Hernandez was adjudicated guilty and sentenced to the minimum mandatory sentence of three years in prison.1 On appeal, Hernandez correctly argues that the warrantless search of his locked bedroom during a purported “protective sweep” of his apart*704ment violated the Fourth Amendment prohibition against unreasonable searches and…