STATE v. THOMAS

No. 91-1756.

604 So.2d 1277 (1992)

STATE of Florida, Appellant, v. Nathaniel Hirum THOMAS, Appellee.

District Court of Appeal of Florida, Fifth District.

September 11, 1992.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Nancy Ryan, Asst. Atty. Gen., Daytona Beach, for appellant.

James B. Gibson, Public Defender, and M.A. Lucas, Asst. Public Defender, Daytona Beach, for appellee.


HARRIS, Judge.

Nathaniel H. Thomas was a convicted felon suspected of selling small quantities of cocaine from his home. After conducting a controlled buy, the officers obtained a search warrant on February 4, 1991. Four days later a second controlled buy was effected at 7:56 p.m. The warrant was executed one hour and thirty four minutes after the second purchase.

The officers did not comply with the knock and announce rule. When they entered, Thomas was not...

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