Legal Opinion

State v. Brown

District Court of Appeal of Florida

Decided May 12, 2010No. 3D08-1444Published

1Opinion of the Court

SCHWARTZ, Senior Judge.

The state appeals from an order in a prosecution for possession of cannabis and of a firearm by a convicted felon suppressing the defendant’s inculpatory statement and a weapon and drugs found in his apartment. The trial court concluded that the entry into the apartment which preceded the seizure and statement was unjustified. We reverse.

I

The facts are undisputed. During an unrelated field investigation at around midnight, two Miami police officers noticed two men outside an apartment complex. One of them, Brown, had an assault-type rifle in his right hand by his side…

2Cases cited37 opinions

  1. Katz v. United StatesSupreme Court of the United States · 1967
  2. United States v. LeonSupreme Court of the United States · 1984
  3. Colorado v. ConnellySupreme Court of the United States · 1986
  4. United States v. CalandraSupreme Court of the United States · 1974
  5. Brigham City v. StuartSupreme Court of the United States · 2006

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