Rozzo v. State

This appeal arises out of the trial court’s refusal to suppress evidence that was discovered during a warrantless search of *411appellant’s home. At issue in this appeal is the validity of his father’s consent to the search, which was obtained after appellant was taken into custody outside the home and the officers performed a protective sweep of the home. We hold that the protective sweep violated the Fourth Amendment and tainted the father’s subsequent consent to search.

Appellant was on probation in two underlying cases.1 While on probation, the police conducted a controlled drug buy from…