Florida District Courts of Appeal, 1998

State v. McDuffie

State v. McDuffie
Florida District Courts of Appeal · Decided April 8, 1998 · Goderich, Jorgenson, Shevin
707 So. 2d 1196; 1998 Fla. App. LEXIS 3664; 1998 WL 158782 (Southern Reporter, Second Series)

State v. McDuffie

Opinion of the Court

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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