KLOSIESKI v. STATE

No. 85-541.

482 So.2d 448 (1986)

Stephen Allen KLOSIESKI a/K/a Steven Allen Green; and Robin Marie Klosieski, Appellants, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

January 9, 1986.


Attorney(s) appearing for the Case

Paul J. Dubbeld of Judge & Warren, P.A., Daytona Beach, for appellants.

Jim Smith, Atty. Gen., Tallahassee, and Ellen D. Phillips, Asst. Atty. Gen., Daytona Beach, for appellee.


COBB, Chief Judge.

The appellants, Stephen Allen Klosieski, and his wife, Robin Marie, were convicted of unlawful possession of a controlled substance, the result of a challenged "protective sweep" search of their home in conjunction with the execution of arrest warrants against them. The issue is whether the search was justified by exigency.

Testimony at a suppression hearing was elicited from two of the arresting officers, Officer Howard and Officer Kearney...

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