ROBERT THOMAS WHISNANT ET AL., APPELLANTS,
v.
STATE OF FLORIDA, APPELLEE
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Appellants challenged their convictions for illegal gambling and lottery operations, arguing the trial court should have granted their motion to suppress evidence seized under a search warrant. The Florida appellate court affirmed, finding the officers complied with statutory knock-and-announce requirements and the warrant was supported by probable cause.
The court affirmed the convictions, holding that the officers complied with statutory knock-and-announce requirements and qualified for the judicially recognized exception allowing forcible entry when officers reasonably believe those inside are destroying evidence. The affidavit's facts, based on surveillance observations, sufficiently established probable cause for the search.
[1] Police officers may be justified in forcing entry to execute a search warrant if they reasonably believe that occupants are attempting to destroy evidence.
[2] The "knock and announce" rule requiring officers to give notice of their authority and purpose before forcing entry is subject to exceptions when evidence destruction is…
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The two statutes in question require three things before an officer is authorized to break into a house to execute a search warrant. First, the officer must give due notice of his authority. Second, he must announce his purpose. Third, he must be denied admittance to the house.”
Establishes the three statutory requirements for forcible entry under Florida law.
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Join FLexlaw to unlock all legal intelligencePolice obtained a search warrant on October 13, 1973, to search a residence for gambling paraphernalia. Upon executing the warrant, an officer knocked…
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PER CURIAM.
The appellants each plead nolo conten-dere to charges arising out of an alleged illegal gambling and lottery operation and were separately sentenced.
Prior to their pleas appellants filed a motion to suppress evidence consisting of property seized by the police pursuant to a search warrant.
The search warrant was obtained on October 13, 1973 and executed that evening, leading to the arrest of all the appellants. The warrant authorized a search of a residence at 755 N.E. 143rd Street, North Miami, Florida for gambling paraphernalia located within the premises.
When the police arrived at the scene to execute the warrant, one of the officers who co-signed the affidavit requesting issuance of the warrant testified at the hearing on the motion to suppress that he “knocked very loudly three times on the front door of the house with my fist, and in a very loud tone of voice, almost a shouting voice, said, ‘Police, with a search warrant for lottery. Open your door immediately or it will be forced in. ’ ”
Thereafter, the record reveals the following testimony by the officer:
“Q. [Mr. Dean] And, what happened, if anything, after you pounded and made your announcement ?
“A. Well, approximately ten seconds went by, and I heard noises from within the house, noises sounding like someone running across the floor, furniture being pushed aside, or moved. Approximately 20 seconds after that, I decided no one had responded and since I heard the movement inside, I told Officer Jennings to use his sledgehammer and force in the front door.”
On this appeal, the appellants contend that the motion to suppress should have been granted by the trial court for two reasons. First, appellants contend that the police officers failed to comply with Fla.Stat. §§ 901.19(1) and 933.09, F.S.A. in executing the search warrant, thus invalidating the legality of the search and vitiating the fruits of the search. We are constrained to disagree.
The two statutes in question require three things before an officer is authorized to break into a house to execute a search warrant. First, the officer must give due notice of his authority. Second, he must announce his purpose. Third, he must be denied admittance to the house. See, State v. Kelly, Fla.1974, 287 So. 2d 13.
Clearly, the first two requirements were met in this case. It is only the last which appellants contend the officers failed to fulfill.
However, it is also the law that certain well-defined exceptions to the statutes have been judicially recognized. Benefield v. State, Fla. 1964, 160 So. 2d 706; State v. Clarke, Fla.App.1970, 242 So. 2d 791; Moreno v. State, Fla.App.1973, 277 So. 2d 81. One of these exceptions is where the police officers are justified in believing that those within the house are attempting to destroy evidence.
In our opinion, the officers in this case could reasonably believe that those within the house were attempting to destroy evidence when after announcing their authority and purpose for being there, an officer testified that shortly thereafter he heard sounds of someone running inside the house and furniture being moved.
Appellants also contend that the search warrant issued in this case was invalid because the facts set forth in the affidavit filed by the police officers did not establish probable cause to believe that gambling violations were being committed within the house which was searched.
We have examined carefully the contents of the 17-page affidavit in the record. We are satisfied that the facts stated therein, based upon the personal observations of the police officers during several days of surveillance, sufficiently “describes activities known to law enforcement officers and to courts as followed by those engaged in lottery operations.” See, State v. Smith, Fla.1970, 233 So. 2d 396; Sitiero v. State, Fla.App.1971, 248 So. 2d 219.
Therefore, for the reasons stated and upon the authorities cited, the judgments and sentences appealed are affirmed.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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MacHado v. State, 363 So. 2d 1132 (Fla. 3d DCA 1978)…d by those engaged in lottery operations, the probability of criminal activity was present. Probable cause of criminal activity having been demonstrated, the validity of the search warrant is upheld. See State v. Smith, supra; and Whisnant v. State, 303 So. 2d 397 (Fla.3d DCA 1974). POINT II Appellants’ second point challenges the correctness of the trial judge’s denial of appellants’ motion to suppress evidence seized pursuant to an arrest of appellants in their vehicle. We find that the arrest of appellan…
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Rodriguez v. State, 484 So. 2d 1297 (Fla. 3d DCA 1986)…is added). This being so, the short-barreled shotgun seized while executing the warrant was, on its face, inadmissible in evidence at trial and was subject to being suppressed below. Benefield v. State, 16G So. 2d 706 (Fla.1964); Whisnant v. State, 303 So. 2d 397 (Fla. 3d DCA 1974), cert. denied, 323 So. 2d 273 (Fla.1975). The trial court, however, denied the motion to suppress on the ground that an exception engrafted on the above statute in Benefield v. State, supra, was applicable in this case, namely, t…
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Kistner v. State, 379 So. 2d 128 (Fla. 1st DCA 1979)…e should be excused because that announcement was or seemed futile, and it reasonably appeared to him that no one was home to hear his call. We cannot subscribe to that erosion of Benefield v. State, 160 So. 2d 706 (Fla.1964). See Whisnant v. State, 303 So. 2d 397 (Fla. 3d DCA 1974), cert. den., 323 So. 2d 273; Berryman v. State, 368 So. 2d 893 (Fla. 4th DCA 1979); Moreno v. State, 277 So. 2d 81 (Fla. 3d DCA 1973); State v. Collier, 270 So. 2d 451 (Fla. 4th DCA 1972); Section 933.09, Florida Statutes (1977).…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Benefield v. State, 160 So. 2d 706 (Fla. 1964)
- Perseo v. State, 242 So. 2d 791 (Fla. 1st DCA 1971)
- State v. Kelly, 287 So. 2d 13 (Fla. 1973)
- State v. Smith, 233 So. 2d 396 (Fla. 1970)
- Suiero v. State, 248 So. 2d 219 (Fla. 4th DCA 1971)
- Moreno v. State, 277 So. 2d 81 (Fla. 3d DCA 1973)