State v. Herstone

THREADGILL, Judge.

The state appeals an order suppressing all physical evidence seized during the execution of a search warrant at the appellee’s home. The trial court found that the officers’ entry into the home amounted to a “breaking,” thereby triggering the “knock and announce” requirement set forth in section 933.09, Florida Statutes (1991). We disagree and reverse.

Section 933.09 allows an officer to “break open any outer door, inner door or window of a house, or any part of a house or anything therein, to execute the warrant, if after due notice of his authority and purpose he is refused…