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632 So. 2d 197

Green v. State

District Court of Appeal of Florida

Decided February 15, 1994

District Court of Appeal of Florida · decided 1994-02-15

Cited by 2 later decisions — most recently August 2001

2 state decisions

Key passage — most relied on by later courts

“Section 901.19, Florida Statutes (1991), authorizes the police to enter a dwelling without a warrant only if the police are authorized to make a felony arrest.”

quoted by 1 later decision, including 797 So. 2d 598 - Espiet v. State

Relies on Benefield v. State · 630 So. 2d 1048 - State v. Bamber · Rucker v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1994-02-15

View the full empirical analysis of this case →

PER CURIAM.

¶1Section 901.19, Florida Statutes (1991), authorizes the police to enter a dwelling without a warrant only if the police are authorized to make a felony arrest. In Ortiz v. State, 600 So.2d 530 (Fla. 3d DCA 1992), this court found that the police cannot make a warrantless entry into a house in order to make a misdemeanor arrest. See also Benefield v. State, 160 So.2d 706 (Fla.1964); Rucker v. State, 302 So.2d 490 (Fla. 2d DCA 1974).

¶2In the instant case, the trial court made a finding that the police entered the apartment without a warrant to make an arrest for a misdemeanor. Moreover, the police entered without announcing their purpose. State v. Bamber, 630 So.2d 1048 (Fla.1994) (Police required to knock and announce their presence and purpose before forcibly entering residence). Therefore, we find that the trial court erred in denying the defendant’s motion to suppress physical evidence.

¶3Reversed and remanded for further proceedings consistent with this opinion.

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