THOMAS F. BOUCHARD, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• State v. Rusti H. Osvath, 661 So. 2d 1252 (Fla. 3d DCA 1995)
  …tional dimensions or not. Fuller v. State, 159 Fla. 200, 31 So. 2d 259 (1947); Fraterrigo v. State, 151 Fla. 634, 10 So. 2d 361 (1942); Robertson v. State, 94 Fla. 770, 114 So. 534 (1927); Wright v. State, 309 So. 2d 215 (Fla. 3d DCA), cert, denied, 323 So. 2d 273 (Fla.1975); O’Berry v. Wainwright, 300 So. 2d 740 (Fla. 4th DCA 1974); Hernandez v. State, 273 So. 2d 130, 133 (Fla. 1st DCA), cert, denied, 277 So. 2d 287 (Fla.1973); Koedatich v. State, 263 So. 2d 631 (Fla. 3d DCA), cert, dismissed, 268 So. 2d 533…
• Rodriguez v. State, 484 So. 2d 1297 (Fla. 3d DCA 1986)
  …tgun 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, that the knock and announce requirements need not…
• Kistner v. State, 379 So. 2d 128 (Fla. 1st DCA 1979)
  …as 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). REVERSED. ERVIN, J., concurs. BOOTH, J., dis…

Authorities Cited

• Bouchard v. State, 310 So. 2d 71 (Fla. 2d DCA 1975)
• Bush v. Honorable Thomas W. Shands and Honorable James R. Adams, 310 So. 2d 71 (Fla. 2d DCA 1975)