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STATE v. CASSELLS

No. 2D01-5606.

835 So.2d 397 (2003)

STATE of Florida, Appellant/Cross-Appellee, v. Gregory CASSELLS, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Second District.

January 31, 2003.

Attorney(s) appearing for the Case

Charlie Crist, Attorney General, Tallahassee, and Davis G. Anderson, Jr., Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, and Allyn M. Giambalvo, Assistant Public Defender, Bartow, for Appellee.

ALTENBERND, Judge.

The State appeals an order suppressing evidence under the knock-and-announce rule, section 933.09, Florida Statutes (2001). We reverse because the initial announcement in this case was given to Gregory Cassells in the driveway of his home as he exited his car. Mr. Cassells accurately informed the deputies that the home was unoccupied. Under these circumstances, an entry only a few seconds after the subsequent announcement at the door is not a statutory...

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