State v. Milmoe

GARRETT, Judge.

Members of the Davie Police Department obtained a warrant to search an apartment and its curtilage for evidence of drug violations. The warrant did not specify the name of the occupant of the apartment.

While waiting to execute the warrant, the police observed the appellee drive up, legally park his automobile in the apartment complex parking lot, and enter the apartment described in the warrant. The police then entered the apartment and secured all the persons therein.

*719One of the officers went outside to check the ownership of the parked car. It was dark; he used a flashlight to…