HUNSUCKER v. STATE

No. OO-424.

379 So.2d 1043 (1980)

Robert James HUNSUCKER, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

February 20, 1980.


Attorney(s) appearing for the Case

Michael J. Minerva, Public Defender, and Thomas S. Keith, Asst. Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen., and A.S. Johnston, Asst. Atty. Gen., Tallahassee, for appellee.


ROBERT P. SMITH, Jr., Judge.

An appeal from a judgment of guilt for possession of marijuana exceeding five grams. The trial court erred in denying appellant's motion to suppress the incriminating evidence found in appellant's home when officers executed a search warrant for drugs. The first officer to enter explained that he did not knock and announce his authority and purpose because of the possibility that the evidence he sought would be destroyed by the occupants...

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