Florida District Courts of Appeal, 2005

State v. Viltz

State v. Viltz
Florida District Courts of Appeal · Decided February 2, 2005 · Klein, Polen, Shahood
891 So. 2d 1200; 2005 Fla. App. LEXIS 874; 2005 WL 236054 (Southern Reporter, Second Series)

State v. Viltz

Opinion of the Court

PER CURIAM.

The trial court granted defendant’s motion to suppress because a deputy came through a gate into defendant’s backyard without a search warrant. The state asserted that there were exigent circumstances, however, the trial court found that there were not and granted the motion. Because the backyard was clearly within the curtilage of defendant’s home, State v. Sarantopoulos, 604 So.2d 551 (Fla. 2d DCA 1992), and there is evidence to support the findings, we affirm.

POLEN, KLEIN and SHAHOOD, JJ., concur.

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