State v. Busbee

I concur in affirming the trial court’s order herein which suppressed the fruits of a search of private premises pursuant to a search warrant on the ground that the warrant was executed in violation of Section 933.09, Florida Statutes (1975).

By its decision, this court has held that Section 933.09, Florida Statutes (1975), requires that a police officer executing a search warrant must announce his authority and purpose at an outer screen door of a house and be refused admittance before he may break open such outer door to execute the search warrant on the premises, absent the exceptions…