LEON GREEN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
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. 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).
In 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.
Reversed and remanded for further proceedings consistent with this opinion.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Espiet v. State, 797 So. 2d 598 (Fla. 5th DCA 2001)…rcement officer to arrest a person for an act of domestic violence without a warrant do not permit the forcible entry into the person’s home to effectuate the arrest based on a misdemeanor offense. See § 901.19(1), Fla. Stat. (1999); Green v. State, 632 So. 2d 197, 198 (Fla. 3d DCA 1994) ("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.”); Ortiz (holding that police cannot make a warrantless entry i…
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Guerrie v. State, 691 So. 2d 1132 (Fla. 4th DCA 1997)…) occurring. It is well-established that law enforcement officers may not lawfully enter private premises to effect an arrest for a misdemeanor without a warrant, notwithstanding that the crime is committed in the officer’s presence. Green v. State, 632 So. 2d 197 (Fla. 3d DCA 1994); Ortiz v. State, 600 So. 2d 530 (Fla. 3d DCA 1992); Johnson v. State, 395 So. 2d 594 (Fla. 2d DCA 1981). See also Rucker v. State, 302 So. 2d 490 (Fla. 2d DCA 1974). The state also questions whether the officers actually entered…
Authorities Cited
- Benefield v. State, 160 So. 2d 706 (Fla. 1964)
- State v. Bamber, 630 So. 2d 1048 (Fla. 1994)
- Thurmond R. Rucker v. State, 302 So. 2d 490 (Fla. 2d DCA 1974)
- Ortiz v. State, 600 So. 2d 530 (Fla. 3d DCA 1992)