Legal Opinion

Ealey v. State

District Court of Appeal of Florida

Decided July 27, 1998No. 97-3041PublishedCited by 2 opinions

1Opinion of the Court

ALLEN, Judge.

The appellant challenges his convictions for possession of cocaine and cannabis, arguing that the trial court erred in denying his motion to suppress evidence seized from his residence. Because police officers did not comply with the knock and announce procedures of section 933.09, Florida Statutes, we reverse.

Acting upon a valid search warrant, police officers arrived at the appellant’s residence to search for narcotics. The residence was unoccupied at the time, but the appellant was working on his car in front of the residence. Without ascertaining his identity, the officers…

2Cases cited3 opinions

  1. Benefield v. StateSupreme Court of Florida · 1964
  2. State v. BamberSupreme Court of Florida · 1994
  3. Van Allen v. StateDistrict Court of Appeal of Florida · 1984

3Cited by2 opinions

  1. Spradley v. StateDistrict Court of Appeal of Florida · 2006
  2. Soto v. StateDistrict Court of Appeal of Florida · 2010

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