Legal Opinion

In re: Forfeiture of Nine Thousand Dollars of United States Currency

Circuit Court for the Judicial Circuits of Florida

Decided January 4, 1991No. Case No. 90-355 CAPublished

1Opinion of the Court

OPINION OF THE COURT

JOHN E. FENNELLY, Circuit Judge.

THIS MATTER came on for hearing pursuant to Respondent’s Motion to Suppress both physical and testimonial evidence. Respondent maintains that the evidence was obtained in violation of F.S. 933.09 requirements. These requirements are commonly known as the knock and announce rules.

Factually officers executed a search warrant at the respondent’s home on February 17, 1990 in the early morning hours. The officers involved knew that small children were at the Mardis residence, *194therefore upon their arrival a ruse was employed by the officers to…

2Cases cited4 opinions

  1. Benefield v. StateSupreme Court of Florida · 1964
  2. Rodriguez v. StateDistrict Court of Appeal of Florida · 1986
  3. State v. GrayDistrict Court of Appeal of Florida · 1987
  4. Burden v. StateDistrict Court of Appeal of Florida · 1984

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