STATE v. FERNANDEZ

No. 3D10-905.

50 So.3d 37 (2010)

The STATE of Florida, Appellant, v. Rigoberto FERNANDEZ, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 11, 2011.


Attorney(s) appearing for the Case

Bill McCollum , Attorney General, and Lunar Claire Alvey , Assistant Attorney General, for appellant.

Emilio de la Cal , Miami, for appellee.

Before SUAREZ, ROTHENBERG, and SALTER, JJ.


SALTER, J.

The State of Florida appeals an order suppressing evidence obtained during the execution of a duly-issued search warrant. Based upon an evidentiary hearing and findings that (1) the law enforcement officers executing the warrant violated Florida's "knock-and-announce" statute, section 933.09, Florida Statutes (2009), and (2) no exigent circumstances existed to justify the violation of that statute, the trial court granted the motion to suppress.

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