RICHARDSON v. STATE

No. 2D00-1885.

787 So.2d 906 (2001)

John RICHARDSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied June 20, 2001.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Bruce P. Taylor, Assistant Public Defender County; Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Timothy A. Freeland, Assistant Attorney General, Tampa, for Appellee.


CASANUEVA, Judge.

Mr. Richardson appeals the denial of his dispositive motion to suppress arguing that law enforcement officers failed to comply with section 933.09, Florida Statutes (1999), the "knock and announce" rule, by failing to wait a reasonable amount of time before forcibly entering his residence. We agree and reverse.

On November 5, 1999, in the darkness of the early morning hours, around 5:30 a.m., members of the Bradenton Police Department executed...

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