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ROZZO v. STATE

Nos. 4D09-3913, 4D09-3914, 4D09-3915.

75 So.3d 409 (2011)

Marc ROZZO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

December 7, 2011.

Attorney(s) appearing for the Case

Carey Haughwout , Public Defender, and Gary Lee Caldwell , Assistant Public Defender, West Palm Beach, for appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Diane F. Medley , Assistant Attorney General, West Palm Beach, for appellee.

WARNER, J.

This appeal arises out of the trial court's refusal to suppress evidence that was discovered during a warrantless search of appellant's home. At issue in this appeal is the validity of his father's consent to the search, which was obtained after appellant was taken into custody outside the home and the officers performed a protective sweep of the home. We hold that the protective sweep violated the Fourth Amendment...

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