State v. Fernandez

The State of Florida appeals an order suppressing evidence obtained during the execution of a duly-issued search warrant. Based upon an evidentiary hearing and findings that (1) the law enforcement officers executing the warrant violated Florida’s “knock-and-announce” statute, section 933.09, Florida Statutes (2009), and (2) no exigent circumstances existed to justify the violation of that statute, the trial court granted the motion to suppress.

The trial court initially denied the motion, concluding that this case was on “all-fours” with Hudson v. Michigan, 547 U.S. 586, 126 S.Ct. 2159, 165…