State v. McDuffie

District Court of Appeal of Florida

State v. McDuffie

707 So. 2d 1196, 1998 Fla. App. LEXIS 3664, 1998 WL 158782

CourtDistrict Court of Appeal of Florida

DecidedApril 8, 1998

DocketNo. 97-2301

StatusPublished

This text of 707 So. 2d 1196 (State v. McDuffie) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. McDuffie, 707 So. 2d 1196, 1998 Fla. App. LEXIS 3664, 1998 WL 158782 (Fla. Ct. App. 1998).

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Opinion

PER CURIAM.

The State of Florida appeals from the trial court’s order granting the defendants’ motion to suppress evidence seized pursuant to a search warrant. The State did not appeal the trial court’s finding that defendant Reese had standing to contest the search, but contested defendant McDuffie’s standing. Contrary to the State’s argument, we find that defendant McDuffie established that he had standing to contest the search, State v. Suco, 521 So.2d 1100 (Fla.1988), and that there were no exigent circumstances excusing the police’s violation of Florida’s knock-and-an-nounce statute, section 933.09, Florida Statutes (1995). State v. Bamber, 630 So.2d 1048 (Fla.1994); State v. Robinson, 565 So.2d 730 (Fla. 2d DCA), review dismissed, 574 So.2d 143 (Fla.1990). The trial court’s order granting the defendants’ motion to suppress is

Affirmed.

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PER CURIAM.

The State of Florida appeals from the trial court’s order granting the defendants’ motion to suppress evidence seized pursuant to a search warrant. The State did not appeal the trial court’s finding that defendant Reese had standing to contest the search, but contested defendant McDuffie’s standing. Contrary to the State’s argument, we find that defendant McDuffie established that he had standing to contest the search, State v. Suco, 521 So.2d 1100 (Fla.1988), and that there were no exigent circumstances excusing the police’s violation of Florida’s knock-and-an-nounce statute, section 933.09, Florida Statutes (1995). State v. Bamber, 630 So.2d 1048 (Fla.1994); State v. Robinson, 565 So.2d 730 (Fla. 2d DCA), review dismissed, 574 So.2d 143 (Fla.1990). The trial court’s order granting the defendants’ motion to suppress is

Affirmed.

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Bluebook (online)

707 So. 2d 1196, 1998 Fla. App. LEXIS 3664, 1998 WL 158782, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mcduffie-fladistctapp-1998.

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