State v. Baker

The state appeals from the trial court’s order granting the motion of the defendants-appellees to suppress evidence seized pursuant to the execution of a search warrant at a private club where gambling was conducted. At the hearing on the motion to suppress, the defendants-appellees did not challenge the search warrant, but attacked the constitutionality of: (1) Deputy Brown’s initial warrant-less entry into the club; and (2) Deputy Swisshelm’s execution of the search warrant under the knock-and-enter statute. Regarding Deputy Brown’s warrantless entry, the trial court specifically reduced…