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STATE v. PETERS

No. BM-128.

499 So.2d 908 (1986)

STATE of Florida, Appellant, v. Robert L. PETERS, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied January 26, 1987.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen. and Andrea Smith Hillyer, Asst. Atty. Gen., Tallahassee, for appellant.

Elizabeth L. White and Wm. J. Sheppard, Sheppard & White, Jacksonville, for appellee.

ERVIN, Judge.

The state appeals suppression of evidence found during the search of an apartment pursuant to a search warrant. The search was held invalid on the ground that it violated Section 933.09, Florida Statutes, the "knock and announce" statute.1 Two sheriff's deputies were permitted entry into the apartment by appellant after they had identified themselves by name. They did not, however, as the lower court apparently believed the...

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