STATE v. CLARKE

No. 79-1451.

387 So.2d 980 (1980)

STATE of Florida, Appellant, v. Rose Mary CLARKE, Patrick B. Clarke, and Desiree Lynn Perez, Appellees.

District Court of Appeal of Florida, Second District.

July 9, 1980.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellant.

Stevan T. Northcutt of Levine, Freedman, Hirsch & Levinson, Tampa, for appellees.


OTT, Judge.

The trial court granted appellees' motion to suppress various drugs taken from their apartment during a search by Tampa police officers acting pursuant to a warrant. We reverse.

The bases for appellees' motion were (1) that the affidavit for issuance of the warrant and the warrant itself were legally insufficient, and (2) that the officers who executed the warrant violated the "knock and announce rule", Section 933.09, Florida Statutes.

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