MINTER-SMITH v. STATE

No. 1D02-4045.

864 So.2d 1141 (2003)

Shomari N. MINTER-SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

December 31, 2003.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender and Archie F. Gardner, Jr., Assistant Public Defender, Tallahassee, for Appellant.

Charlie Crist, Attorney General and Sherri T. Rollison, Assistant Attorney General, Office of the Attorney General, Tallahassee, for Appellee.


HAWKES, J.

Police entered the defendant's home upon their belief that illegal dog fighting was occurring in the back yard. After entering the home, a protective sweep and subsequent search resulted in the seizure of dog fighting paraphernalia, drug paraphernalia, a firearm and cannabis residue. Since no warrant was obtained before police entered the home, an exception to the warrant requirement must exist before the items obtained can be introduced as evidence. The...

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