STATE v. ENGLEHORN

No. BA-375.

471 So.2d 1363 (1985)

STATE of Florida, Appellant, v. John F. ENGLEHORN, Appellee.

District Court of Appeal of Florida, First District.

July 3, 1985.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and Lawrence A. Kaden, Asst. Atty. Gen., for appellant.

Michael Allen, Public Defender, and Sue Carter Collins, Asst. Public Defender, Tallahassee, for appellee.


WIGGINTON, Judge.

The State appeals the trial court's order suppressing evidence seized from Englehorn's home pursuant to a search warrant. Englehorn moved to suppress the evidence on the following grounds: 1) the warrant was not served by the agency directed to serve the warrant; 2) the officer serving the warrant violated the "knock and announce" rule; and 3) there was no probable cause to justify issuance of the warrant. The court granted the motion on the third...

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