VAN ALLEN v. STATE

No. 83-1456.

454 So.2d 49 (1984)

Walter Thomas VAN ALLEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied September 12, 1984.


Attorney(s) appearing for the Case

H. Dohn Williams, Jr., of Varon, Bogenschutz, Williams & Gulkin, P.A., Hollywood, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Richard G. Bartmon, Asst. Atty. Gen., West Palm Beach, for appellee.


HERSEY, Judge.

At issue in this appeal is the validity of a search where the law enforcement officers failed to comply with the "knock and announce" requirement.

The statutory provision applicable here is Section 933.09, Florida Statutes (1983), which relates to searches. That section provides:

The officer may break open any outer door, inner door or window of a house, or any part of a house or anything therein, to execute the warrant, if after due...

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