Legal Opinion

Aikens v. State

District Court of Appeal of Florida

Decided February 29, 2012No. 4D11-1249PublishedCited by 1 opinion

1Opinion of the CourtGerber, J.

The defendant appeals the circuit court’s order denying his motion to suppress, which led to his no contest plea for being a felon in possession of ammunition. He argues that the circuit court erred in finding that the “community caretaking exception” excused the police’s warrantless entry into his bedroom where they found the ammunition. We agree with the defendant and reverse.

The circuit court’s order included the following factual findings. Two detectives arrested the defendant at his house on an active warrant. His minor son was there at the time. The defendant agreed that while another…

2Cases cited8 opinions

  1. Payton v. New YorkSupreme Court of the United States · 1980
  2. Cady v. DombrowskiSupreme Court of the United States · 1973
  3. United States v. Gary Bernard McGoughCourt of Appeals for the Eleventh Circuit · 2005
  4. Riggs v. StateSupreme Court of Florida · 2005
  5. Diaz v. StateDistrict Court of Appeal of Florida · 2010

3 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Luders Croissy v. State of FloridaDistrict Court of Appeal of Florida · 2016

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