MIRIAM CARIDAD MORENO, A/K/A MIRIAM ESPINO, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1973-05-01
No. 72-1308
Before CHARLES CARROLL and HENDRY, JJ., and McCAIN, DAVID L., Associate Judge.
277 So. 2d 81 Florida District Court of Appeal, Third District (1973) Positive Treatment
Cited by 27 cases

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Holding

The trial court erred in failing to suppress evidence seized as a result of an invalidly effectuated arrest because the officers did not announce their authority and purpose before entering the defendant's home.


Headnotes

[1] Law enforcement officers must announce their authority and purpose before forcibly entering a building to make an arrest, unless specific exceptions apply.

[2] The statutory requirement for officers to announce their authority and purpose before entry may be dispensed with if the person within already knows of the officer's auth…

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Facts & Procedural History

Narcotics officers, seeking to serve an arrest warrant, went to the appellant's home. After knocking and announcing their presence, they waited ten mi…

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Opinion of the Court
HENDRY, Judge.

HENDRY, Judge.

Appellant was informed against for unlawful possession of a narcotic drug and possession of implements for drug use. She was tried and found guilty of both charges and sentenced to one year imprisonment in the Dade County Stockade with an additional period of probation for three years.

The record on appeal shows that similar charges were filed on January 20, 1972, against appellant as a result of an earlier search and seizure made at her home. An arrest warrant was issued as a result of those charges. Thereafter, narcotics officers drove by appellant’s home from time to time after the arrest warrant was issued but no effort was made to serve it until March 24, 1972, at which time four officers were passing appellant’s home and saw an automobile, thought to be owned by appellant, parked in front of her house.

Two of the officers went to the front door and the other two went to the back door. They knocked, shouted, “Police officers,” and waited about ten minutes. Then, having heard no response, the officers forced their way into appellant’s home. They found appellant in bed, fast *83asleep. Near her bed they found narcotics and narcotic implements. Appellant was awakened and placed under arrest. She was charged and convicted of unlawful possession of a narcotic drug and possession of implements for drug usage based upon the evidence found and seized in appellant’s bedroom.

Appellant was arraigned and entered a plea of not guilty. Prior to trial her motion to suppress the evidence was heard and denied. Upon trial she was convicted under both counts of the information.

One of the points urged by appellant1 for reversal is that the trial court erred in refusing to suppress the evidence seized since it was obtained as a result of an invalidly effectuated arrest. We find merit in appellant’s contention and reverse.

Fla.Stat., § 901.19(1), F.S.A.,2 provides:

“If a peace officer fails to gain admittance after he has announced his atithority and purpose in order to make an arrest either by a warrant or when authorized to make an arrest for a felony without a warrant, he may use all necessary and reasonable force to enter any building or property where the person to be arrested is or is reasonably believed to be.” [Emphasis supplied.]

Tn the instant case, the evidence clearly shows that the arrest was not made in accordance with the provisions of § 901.-19(1), Fla.Stat., F.S.A., in that the officers did not announce the purpose for their being at appellant’s home.

In the case of Benefield v. State, Fla.1964, 160 So.2d 706, our Supreme Court portrayed the correct manner in which an arrest under the statute 3 should be effectuated. The court stated: (160 So.2d 709)

“When an officer is authorized to make an arrest in any building, he should first approach the entrance to the building. He should then knock on the door and announce his name and authority, sheriff, deputy sheriff, policeman or other legal authority and what his purpose is in being there. If he is admitted and has a warrant, he may proceed to serve it ... if he is refused admission and is armed with a warrant or has authority to arrest for a felony without a warrant, he may then break open a door or window to gain admission to the building and make the arrest If the building happens to be one’s home, these req%iirements should be strictly observed.” [Emphasis supplied.]

The court did note, however, four instances in which the procedures outlined within the statute might be dispensed with. These exceptions are: “(1) where the person within already knows of the officer’s authority and purpose; (2) where the officers are justified in the belief that the persons within are in imminent peril of bodily harm; (3) if the officer’s peril would have been increased had he demanded entrance and stated the purpose, or (4) where those within made aware of the presence of someone outside are then engaged in activities which justify the officers in the belief that an escape or destruction of the evi*84dence is being attempted.” Benefield v. State, supra at 710; Earman v. State, Fla. 1972, 265 So.2d 695. The record before us is devoid of any testimony by the police officers or other competent evidence showing any circumstances that would bring the case sub judice within any of the four exceptions to the strict dictates of the statute. Absent such evidence, the fruits of any search conducted pursuant to such arrest must be considered illegally obtained and should have been suppressed. Earman v. State, supra.

Accordingly, we hold that the trial court erred in failing to suppress the evidence seized as a result of an invalidly effectuated arrest. Therefore, the judgment and sentence are hereby reversed.

Reversed.


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Citator

Cited By (14 total)

  • Smith v. State, 399 So. 2d 70 (Fla. 5th DCA 1981)
    …lorida Statutes (1979).1 The trial court ruled, and properly so, that Bur-nette’s entry was justified under the “exigency rule” exception to the general rule requiring a warrant. Johnson v. State, 386 So. 2d 302 (Fla. 5th DCA 1980); Moreno v. State, 277 So. 2d 81 (Fla. 3d DCA 1973); Webster v. State, 201 So. 2d 789 (Fla. 4th DCA 1967). At trial of the cause, during cross-examination of the second witness for the state, Officer Vaughn, while defense counsel was exploring facts relating to the justification f…
  • State v. Robinson, 565 So. 2d 730 (Fla. 2d DCA 1990)
    …ce did not establish a reasonable basis to fear that a gun would be used. Compare State v. Avendano, 540 So. 2d 920 (Fla.2d DCA 1989) with State v. Drowne, 436 So. 2d 916 (Fla. 4th DCA), review denied, 441 So. 2d 633 (Fla.1983), and Moreno v. State, 277 So. 2d 81 (Fla. 3d DCA 1973). Second, the state did not present evidence that the deputies reasonably believed that the man at the screen door, who disappeared inside the house, would destroy evidence or become violent. Although this situation may have conce…
  • Williams v. State, 403 So. 2d 430 (Fla. 3d DCA 1981)
    …atutes (1939), the knock and announce law, to protect this interest. Florida courts require that Section 901.19(1) be strictly adhered to. Earman v. State, 265 So. 2d 695 (Fla.1972); Hurt v. State, 388 So. 2d 281 (Fla.lst DCA 1980); Moreno v. State, 277 So. 2d 81 (Fla.3d DCA 1973). Only under certain limited exceptions may an officer enter a residence to effect an arrest without complying with Section 901.-19(1). Raffield v. State, 351 So. 2d 945 (Fla.1977); Benefield v. State, 160 So. 2d 706 (Fla.1964).1 B…

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