MESTRAL v. STATE

No. 08-216.

16 So.3d 1015 (2009)

Ruben Viera MESTRAL, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

September 2, 2009.


Attorney(s) appearing for the Case

John H. Lipinski, for appellant.

Bill McCollum, Attorney General, and Nikole Hiciano, Assistant Attorney General, for appellee.

Before RAMIREZ, C.J., and COPE and WELLS, JJ.


COPE, J.

The police took defendant-appellant Mestral into custody in his front yard and conducted a protective sweep inside his house. Because the police entered without consent, exigent circumstances, or a search warrant, the protective sweep was illegal. The motion to suppress evidence should have been granted.

A neighbor of the defendant called the police during the daytime to report a possible burglary in progress at the defendant's home. The neighbor...

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