BURT v. STATE

No. 2D01-4286.

821 So.2d 437 (2002)

Eddie BURT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

July 19, 2002.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Brad Permar, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Erica M. Raffel, Assistant Attorney General, Tampa, for Appellee.


WHATLEY, Judge.

Eddie Burt contends that the cocaine and paraphernalia found on his person during a search incident to his arrest should have been suppressed because no exigent circumstances supported law enforcement's warrantless arrest of him in his home. We agree and reverse.

At the hearing on Burt's motion to suppress, Officer Allister testified that while he was on duty, a woman who was crying and hysterical approached him at about 12:20 a.m. and stated...

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