LOUIS HOLLOWAY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1998-10-16
No. 97-01094
CAMPBELL, A.C.J., and BLUE, J., concur.
718 So. 2d 1281 Florida District Court of Appeal, Second District (1998) Positive Treatment
Cited by 10 cases

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Synopsis

Louis Holloway was convicted of marijuana possession following a search of his residence. The appellate court reversed his conviction because the execution of the search warrant violated Florida's knock-and-announce rule, as officers rammed the door within seconds of announcing their presence without establishing the officer peril exception.


Holding

The search warrant was executed in violation of the knock-and-announce rule because officers did not provide Holloway a reasonable opportunity to respond before ramming the door, and the State failed to establish the officer peril exception. The conviction is reversed and the case remanded with directions for Holloway's discharge.


Headnotes

[1] A forcible entry to execute a search warrant is permissible only after officers announce their authority and purpose and are refused entry.

[2] A brief interval between announcing authority and purpose and forcibly entering a residence is insufficient to provide the occupant a reasonable opportunity to respond.

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Key Quotes

“The knoek-and-announce rule is codified in section 933.09, Florida Statutes (1995), and provides that a law enforcement officer may forcibly enter a home for the purpose of executing a search warrant only after announcing his or her authority and purpose and, thereafter, being refused entry to the premises.”

Establishes the statutory requirement that officers must announce and be refused entry before forcing entry

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Facts & Procedural History

A search warrant was issued for Holloway's residence to search for cocaine and currency. SWAT officers knocked on the front door, announced "police wi…

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Opinion of the Court
CASANUEVA, Judge.

[*1282] CASANUEVA, Judge.

Following a conviction by a jury for possession of marijuana, Louis Holloway appeals the denial of his dispositive motion to suppress, contending that the search of his residence was improper. Because the method used to execute the search warrant was an improper no-knock search in violation of State v. Bamber, 680 So. 2d 1048 (Fla.1994), and Craft v. State, 688 So. 2d 1011 (Fla. 2d DCA 1994), we reverse Mr. Holloway’s conviction.

A warrant was issued to search Mr. Holloway’s residence for cocaine and United States currency. Neither the search warrant nor the supporting affidavit averred that Mr. Holloway possessed a firearm in the residence. In executing the search warrant, SWAT team officers knocked on the front door, announced “police with a search warrant,” verified that the door was locked, then struck the door with a battering ram. The officers forced open the door, entered the home, searched it, and arrested Mr. Holloway after finding marijuana. Only a couple of seconds elapsed between announcing “police with a search warrant” and ramming the door, a fact undisputed by the State.

The knoek-and-announce rule is codified in section 933.09, Florida Statutes (1995), and provides that a law enforcement officer may forcibly enter a home for the purpose of executing a search warrant only after announcing his or her authority and purpose and, thereafter, being refused entry to the premises. This policy derives from the sentiment that there “is nothing more terrifying-to the occupants than to be suddenly confronted in the privacy of their home by a police officer decorated with guns and the insignia of his office. This is why the law protects its entrance so rigidly.” Bamber, 630 So. 2d at 1052 (quoting Benefield v. State, 160 So. 2d 706, 709 (Fla.1964)).

This court must presume that a search that does not comply with the knoek-and-announce rules is invalid, unless the State proves that the officers’ conduct falls within a recognized exception, such as officer peril. See Benefield; Craft. When the State asserts that this exception applies, the court must examine the particular facts. See Bam-ber, 630 So. 2d at 1053. This case, like Craft, presents the issue of whether the officers had good reason to believe they might be in danger when they executed the warrant.

At the suppression hearing, the officers testified that this was a hazardous search because a confidential informant had implied that a firearm was present inside Mr. Holloway’s house. Furthermore, in 1986, Mr. Holloway had been convicted of armed robbery and battery on a law enforcement officer. However, neither the search warrant nor its accompanying affidavit referred to the alleged presence of a firearm in Mr. Holloway’s residence. A confidential informant’s mere implication that a firearm was present is no more reliable than the statement by the confidential informant in Craft that the suspect was known to possess firearms. As in Craft, we conclude that this is insufficient to suppoi’t the officer peril exception.

Furthermore, the 1986 convictions lack the requisite temporal proximity. In Craft, this court held that events that occurred two years prior to the execution of the search warrant were too stale to provide a reasonable belief of officer peril. Here, the search warrant was issued on January 12, 1996, almost ten years following the 1986 convictions.

Because the evidence failed to prove the officer peril exception, and because the officers knocked and announced their authority and purpose with such haste that Mr. Holloway did not have a reasonable opportunity to respond, the search violated section 933.09, Florida Statutes (1995). Accordingly, we reverse and remand with directions that Mr. Holloway be discharged.

CAMPBELL, A.C.J., and BLUE, J., concur.


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Citator

Cited By

  • Richardson v. State, 787 So. 2d 906 (Fla. 2d DCA 2001)
    …State, 160 So. 2d 706, 709 (Fla.1964)). Where officers knock, announce their authority and purpose, and enter with such haste that the occupant does not have a reasonable opportunity to respond, the search violates section 933.09. Holloway v. State, 718 So. 2d 1281, 1282 (Fla. 2d DCA 1998). See also Craft v. State, 638 So. 2d 1011 (Fla. 2d DCA 1994); Rodriguez v. State, 484 So. 2d 1297 (Fla. 3d DCA 1986). Cf. Braham v. State, 724 So. 2d 592 (Fla. 2d DCA 1998) (holding that five- to ten-second wait before forci…
  • State v. Pruitt, 967 So. 2d 1021 (Fla. 2d DCA 2007)
    …sponse may be deemed by law enforcement officers at the scene to be a refusal. There is no bright line answer; the only answer found in our case law is that the occupant must have a “reasonable opportunity” to respond. Id. at 908; Holloway v. State, 718 So. 2d 1281, 1282 (Fla. 2d DCA 1998). “Time periods less than five seconds are rarely deemed adequate, and periods in excess of fifteen seconds are often adequate.” State v. Cassells, 835 So. 2d 397, 399 n. 2 (Fla. 2d DCA 2003); see also Richardson, 787 So. 2d…
  • Leangelo Kellom v. State, 849 So. 2d 391 (Fla. 1st DCA 2003)
    …, 160 So. 2d 706, 709 (Fla.1964)). Where officers knock, announce their authority and purpose, and then enter with such haste that the occupant does not have a reasonable opportunity to respond, the search violates section 933.09. Holloway v. State, 718 So. 2d 1281, 1282 (Fla. 2d DCA 1998). The trial court’s decision on the issue of due notice is a decision of fact that is binding on this Court if it is supported by competent, substantial evidence. See State v. Robinson, 565 So. 2d 730, 732 (Fla. 2d DCA 1990)…

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