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795 So. 2d 142

Rogers v. State

District Court of Appeal of Florida

Decided August 27, 2001

District Court of Appeal of Florida · decided 2001-08-27

Relies on 630 So. 2d 1048 - State v. Bamber · 793 So. 2d 59 - Randall v. State

Decided 2001-08-27

PER CURIAM.

¶1Appellant 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.

¶2The 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, 793 So.2d 59 (Fla. 2d DCA 2001). Accordingly, we reverse with directions to discharge Appellant.

¶3REVERSED.

BOOTH, BENTON and BROWNING, JJ., CONCUR.
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