Rogers v. State

Full title: PATRICK ROGERS, Appellant, v. STATE OF FLORIDA, Appellee.

Court: Florida Court of Appeals, First District

Date published: Aug 27, 2001

26 Fla. L. Weekly Fed. D 2080 (Fla. Dist. Ct. App. 2001)

26 Fla. L. Weekly Fed. D 2080

Opinion

795 So.2d 142 (Fla.App. 1 Dist. 2001) 26 Fla. L. Weekly D 2080 PATRICK ROGERS, Appellant, v. STATE OF FLORIDA, Appellee. CASE NO. 1D00-1345 & 1D00-1774 Florida Court of Appeals, First District. August 27, 2001

       An appeal from the circuit court for Duval County.

       Charles W. Arnold, Judge.

       Louis O. Frost, Jr., Public Defender, and Ward L. Metzger, Assistant Public Defender, Jacksonville, Attorneys for Appellant.

       Robert A. Butterworth, Attorney General, and Douglas T. Squire, Assistant Attorney General, Tallahassee, Attorneys for Appellee.

       PER CURIAM.

       Appellant appeals the denial of his motions to suppress contraband he claims was illegally seized in violation of section 933.09, Florida Statutes. We agree that the search did not meet the requirements of section 933.09, Florida Statutes, and that exigent circumstances did not exist to create an exception to the "knock and announce" rule of section 933.09. We affirm the other issues raised by Appellant.

       The ruling on the motions to suppress was dispositive of Appellant's case. The search was illegal and the drugs and firearm found in the search therefore should have been suppressed. See State v. Bamber, 630 So.2d 1048 (Fla. 1994); Randall v. State, 26 Fla. L. Weekly D1710 (Fla. 2d DCA July 13, 2001). Accordingly, we reverse with directions to discharge Appellant.

       REVERSED.

       BOOTH, BENTON and BROWNING, JJ., CONCUR.