The 2023 Florida Statutes (including Special Session C)
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. . . evidence on the grounds that (1) the deputies had violated Florida’s “knock-and-announce” statute, section 933.09 . . . authority and purpose he or she is refused admittance to said house or access to anything therein. § 933.09 . . . The policy ' underlying section 933.09 derives from the sentiment that “[tjhere is nothing more terrifying . . . And absent certain exigencies, a violation of section 933.09 warrants suppression. . . . Significantly, however, section 933.09 does not provide how long “after due notice” the officer must . . .
. . . his motion to suppress the illicit photographs because of the police’s failure to comply with section 933.09 . . . See § 933.09, Fla. Stat.; see also Soto v. State, 75 So.3d 296, 296-97 (Fla. 3d DCA 2010). . . . execution, claiming that the officers had failed to properly knock and announce pursuant to section 933.09 . . .
. . . The Florida Legislature codified the common law knock-and-announce rule at section 933.09, Florida Statutes . . . haste that the occupant does not have a reasonable opportunity to respond, the search violates section 933.09 . . . Section 933.09 does not set forth a certain period of time that an officer must wait following his knock . . .
. . . property where the person to be arrested is or is reasonably believed to be.[] A separate statute, section 933.09 . . . denial of a motion to suppress where sheriff failed to comply with knock- and-announce statute — section 933.09 . . .
. . . enforcement officers executing the warrant violated Florida’s “knock-and-announce” statute, section 933.09 . . . Section 933.09 refers to “due notice of the officer’s authority and purpose,” and the record in this . . .
. . . . § 933.09. . . .
. . . See § 933.09, Fla. Stat. (2005); Hudson v. . . .
. . . application of the exclusionary rule to violations of the “knock-and-announce” requirement of section 933.09 . . .
. . . Fourth Amendment, whereas the issue in this case is the purported violation of a state statute, section 933.09 . . . those based on constitutional protections] may be afforded to citizens via state statute,” section 933.09 . . . The Florida version (section 933.09), originally codified in 1923, is an almost verbatim copy of the . . . I also note that nothing in the language of section 933.09 requires suppression of the evidence if the . . . Section 933.09 contains no such provision. . . . the search on the basis that the forced entry violated Florida’s knock-and-announce statute, section 933.09 . . . Section 933.09 states: The officer may break open any outer door, inner door or window of a house, or . . . attempting to analyze whether the time delay was long enough so as to be in compliance with section 933.09 . . . rise to a reasonable belief that the officers would be in greater peril had they complied with section 933.09 . . . The trial court correctly noted that if law enforcement fails to comply with section 933.09 on the basis . . .
. . . Reimbursement 465.60 10/24/2005 Travel to Huntsville 1,040.00 10/24/2005 Travel Expense Reimbursement 933.09 . . .
. . . See Florida Statutes § 933.09 (2002). Once inside, the officers found Mr. . . .
. . . See § 933.09, Fla. Stat. (2003). . . . THE KNOCK-AND-ANNOUNCE RULE Section 933.09 provides: The officer may break open any outer door, inner . . . Section 933.09 thus requires law enforcement to provide due notice of their authority and purpose and . . . STANDING TO ENFORCE SECTION 933.09 AND ENTITLEMENT TO THE EXCLUSIONARY REMEDY Although neither party . . . Section 933.09 does not state that a defendant must be present inside the house in order to have standing . . .
. . . Section 933.09, Florida Statutes (2005), contains a knock-and-announce requirement for the execution . . . exclusionary rule as the remedy for any violation of the [knock-and-announce requirements] of section 933.09 . . .
. . . because the officers executing the search warrant failed to knock and announce in compliance with section 933.09 . . . Section 933.09 provides that law enforcement officers may forcibly enter a home to execute a search warrant . . .
. . . that the search warrant was executed in violation of Florida’s knock and announce statute, section 933.09 . . . search, we do not reach the issue of whether the search warrant was executed in compliance with section 933.09 . . .
. . . Hernandez argues that the police violated the Florida and Federal Constitutions and section 933.09, Florida . . . Section 933.09 provides: The officer may break open any outer door, inner door or window of a house, . . . entry satisfied both the Fourth Amendment and 18 U.S.C. § 3109, which is almost identical to section 933.09 . . .
. . . officers who executed the search warrant violated the “knock and announce” rule codified in section 933.09 . . . Section 933.09 imposes two requirements. . . . The policy underlying section 933.09 “derives from the sentiment that there ‘is nothing more terrifying . . . However, this generalized belief is not sufficient to excuse the officers’ violation of section 933.09 . . . The State also contends on appeal that if the officers’ actions violated section 933.09 and were not . . .
. . . The State appeals an order suppressing evidence under the knock-and-announce rule, section 933.09, Florida . . . assist the police if the legislature established waiting periods that presumptively satisfied section 933.09 . . . Section 933.09 states: The officer may break open any outer door, inner door or window of a house, or . . . For example, section 933.09 could provide that, absent exigent circumstances, if the police waited twenty . . .
. . . denial of his motions to suppress contraband he claims was illegally seized in violation of section 933.09 . . . We agree that the search did not meet the requirements of section 933.09, Florida Statutes, and that . . . exigent circumstances did not exist to create an exception to the “knock and announce” rule of section 933.09 . . .
. . . officers who executed the search warrant failed to comply with the “knock-and-announce” rule in section 933.09 . . .
. . . dispositive motion to suppress arguing that law enforcement officers failed to comply with section 933.09 . . . Section 933.09 permits law enforcement, in the execution of a search warrant, to break open an outer . . . The policy underlying section 933.09 “derives from the sentiment that there ‘is nothing more terrifying . . . haste that the occupant does not have a reasonable opportunity to respond, the search violates section 933.09 . . . Before law enforcement may forcibly enter a home to execute a search warrant, section 933.09 imposes . . . suggested that the exclusionary rule was neither an essential remedy nor the best method to enforce section 933.09 . . . violation or to reprimand specific police officers, especially when the officers who violate section 933.09 . . .
. . . was not a “no-knock” search for the reasons set forth above but was executed in accordance with F.S. 933.09 . . .
. . . The knoek-and-announce rule is codified in section 933.09, Florida Statutes (1995), and provides that . . . Holloway did not have a reasonable opportunity to respond, the search violated section 933.09, Florida . . .
. . . that, if the search warrant was valid, it was executed in violation of the knock and announce rule, § 933.09 . . .
. . . Because police officers did not comply with the knock and announce procedures of section 933.09, Florida . . . Arguing that the police officers had not complied with the knock and announce requirements of section 933.09 . . .
. . . exigent circumstances excusing the police’s violation of Florida’s knock-and-an-nounce statute, section 933.09 . . .
. . . unlawfully executed since the police did not comply with the knock-and-announce provisions of section 933.09 . . . against him contending, among other things, that the warrant was illegally executed contrary to section 933.09 . . . See, Florida Statutes, sections 901.19 (making arrest) and 933.09 (1995) (executing search warrant). . . . the outset, we agree with the trial court's conclusion that the police did not comply with section 933.09 . . . this case must fall within one of the exceptions to the knock-and-announce requirements of section 933.09 . . . .” § 933.09, Fla.Stat. (1989). . . .
. . . the suppression issue since the officers complied with the knock and announce requirements of section 933.09 . . .
. . . Therefore, the officers did not follow the knock-and-announce procedures set forth in section 933.09, . . . Section 933.09 provides: “The officer may break open any outer door, inner door or window of a house, . . .
. . . I write separately to emphasize that such a technical violation of section 933.09, Florida Statutes ( . . . Blest had standing to raise this violation of section 933.09, I would argue that he lacked that standing . . . Their technical violation of section 933.09 did not endanger him or invade his privacy. . . .
. . . Section 933.09, Florida Statutes (1989), provides: The officer may break open any outer door, inner door . . . opening of an unlocked screen door is a breaking which invokes the due notice requirements of Section 933.09 . . .
. . . amounted to a “breaking,” thereby triggering the “knock and announce” requirement set forth in section 933.09 . . . Section 933.09 allows an officer to “break open any outer door, inner door or window of a house, or any . . . The requirements of section 933.09, however, are applicable only to forcible entries. State v. . . . albeit by deception, they were not required to comply with the “knock and announce” provision of section 933.09 . . . The purpose of a “knock and announce” rule such as section 933.09 is to prevent physical injury to the . . .
. . . They did not wait to be refused admittance, as required by the knock-and-announce statute, section 933.09 . . . Defendant moved to suppress the cocaine, arguing that the immediate entry did not comply with section 933.09 . . . Reversed and remanded. . 933.09. . . .
. . . granted Bamber’s motion to suppress the drugs and the district court affirmed, ruling that section 933.09 . . . Our legislature has codified this knoek- and-announce rule in section 933.09, Florida Statutes (1989) . . . Second, no exigent circumstances appear in the record to excuse police from following section 933.09’ . . . We find the State’s “good faith” claim to be without merit in light of section 933.09’s clear language . . . and the fact that nothing in the warrant itself authorizes police to dispense with section 933.09’s . . .
. . . paraphernalia, and handgun seized in the search of the defendants’ residence for failure to comply with section 933.09 . . . The knock and announce rule, which is contained in section 933.09, Florida Statutes (1989), provides . . .
. . . .2d 1235 (Fla. 5th DCA 1990), provides an exception to the knock and announce requirement of section 933.09 . . .
. . . conducting the search did not “knock and announce” their identities and purpose in violation of section 933.09 . . .
. . . See § 933.09, Fla.Stat. (1989); Benefield v. State, 160 So.2d 706 (Fla.1964). . . . attempt to create a preestablished right to dispense with the knock-and-announce requirements of section 933.09 . . . correctly issued a standard search warrant without any order overriding the requirements of section 933.09 . . .
. . . Neither section 933.09 nor section 933.11, Florida Statutes (1989) is violated when an officer, without . . .
. . . Respondent maintains that the evidence was obtained in violation of F.S. 933.09 requirements. . . .
. . . police officers had entered without complying with the knock-and-announce rule set forth in section 933.09 . . . Section 933.09 of the Florida Statutes (1985) sets forth the knock-and-announce rule: 933.09 Officer . . .
. . . The "knock and announce” rule, embodied in section 933.09, Florida Statutes (1989) provides: 933.09 Officer . . .
. . . . § 933.09, Fla.Stat. (1987). . . . We make this proposal because we believe that it will strengthen compliance with section 933.09 and the . . . If a trial court finds that a search has violated section 933.09, before ordering the suppression of . . . Thus, the question is whether a statutory violation of section 933.09 is a constitutional violation of . . . Unless the boundaries of section 933.09 are identical to the fourth amendment, it is possible that an . . .
. . . The trial judge apparently accepted the defendant’s argument that section 933.09, Florida Statutes (1987 . . . denied, 520 So.2d 584 (Fla.1988), this court indicated: [T]he plain language of the statute [section 933.09 . . . We think section 933.09 does not apply to the facts at bar. . . .
. . . the residence without first knocking at the door and announcing their presence as mandated by section 933.09 . . .
. . . Asserting that a Pasco County deputy sheriff failed to comply with the requirements of section 933.09 . . . Section 933.09 requires a police officer, in the execution of a search warrant, to announce his purpose . . . Unless the facts of this case fall within an exception to the requirements of section 933.09, the trial . . . It is not necessary for law enforcement officers to meet the section 933.09 requirements when “the officer . . . firearms likely to be present on the premises did not justify the officer peril exception to section 933.09 . . .
. . . . §§ 901.19(1), 933.09 (1986). . . .
. . . The “knock and announce” rule, embodied in section 933.09, Florida Statutes (1985), provides: Officer . . .
. . . . § 933.09, Florida Statutes (1985). We disagree and reverse. . . . The statute in question, section 933.09, provides: The officer may break open any outer door, inner door . . .
. . . The search was held invalid on the ground that it violated Section 933.09, Florida Statutes, the “knock . . . We find there was no violation of the knock and announce rule, codified at Section's 901.19 and 933.09 . . . Section 933.09 authorizes an officer to break into a house in order to execute a search warrant, "if . . .
. . . Section 933.09, Florida Statutes (1985), Florida’s “knock and announce” rule, provides: The officer may . . . rule as codified in 18 U.S.C. § 3109, the language of which is almost identical to that in section 933.09 . . .
. . . As the trial court recognized, this action plainly violated Section 933.09, Florida Statutes (1983), . . . which provides: “933.09 Officer may break open door, etc., to execute warrant. — The officer may break . . .
. . . either that the officer in question complied with the “knock-and-announce” statutes, §§ 901.19(1), 933.09 . . .
. . . We also note that Detective Matosky and the other officers fully complied with section 933.09, Florida . . .
. . . The statutory provision applicable here is Section 933.09, Florida Statutes (1983), which relates to . . .
. . . Appellants contend that Florida’s knock and announce statute, § 933.09, was illegally violated by officers . . . The officers in this case did not adhere to the requirements of the knock and announce statute, § 933.09 . . . appeal the denial of their motions to suppress the evidence seized, alleging (1) a violation of Section 933.09 . . . Florida case law clearly establishes that compliance with the provisions of section 933.09 must be strictly . . .
. . . They contend the warrant was executed in violation of section 933.09, Florida Statutes (1981), the “knock . . . physical evidence seized under the warrant, alleging the warrant was executed in violation of section 933.09 . . . Section 933.09 provides: The officer may break open any outer door, inner door or window of a house, . . . which the United States Supreme Court strictly construed the federal statute equivalent to section 933.09 . . . We hold that the officer’s entry in this case violated section 933.09, and reverse the denial of the . . .
. . . 18] Crews also asserts that the search warrant was executed in such a manner as to violate Section 933.09 . . .
. . . Section 933.09, Florida Statutes (1981), provides: The officer may break open any outer door, inner door . . .
. . . entered the premises after announcing tlieir authority and purpose in full compliance with Section 933.09 . . .
. . . Section 933.09, Florida Statutes (1981) requires the officer executing a search warrant to have given . . . The trial court found the police violated Section 933.09 by failing to give “due notice.” . . .
. . . testified that the entry was pursuant to the knock and announce procedures provided for in Section 933.09 . . . The trial court found that the police, in the execution of the search warrant, complied with section 933.09 . . .
. . . on appeal that the evidence seized should have been suppressed because the officers violated Section 933.09 . . . house without first knocking and giving notice of their authority and purpose as required by section 933.09 . . .
. . . In view of the finding, the trial court held that the officers had failed to comply with Section 933.09 . . . The State submits that the officers scrupulously observed the procedures enumerated in Section 933.09 . . . Section 933.09 is the statutory embodiment of a common law rule which has its roots in a tradition of . . . In commenting on the federal counterpart to Section 933.09, the United States Supreme Court stated in . . . BERANEK and GLICKSTEIN, JJ., concur. . 933.09 Officer may break open door, etc., to execute warrant. . . .
. . . and (2) that the officers who executed the warrant violated the “knock and announce rule”, Section 933.09 . . . obligations on law enforcement officers preliminary to their forcible entry into a private residence. § 933.09 . . . their purpose prior to entering the house to execute the search warrant as required by Fla.Stat. § 933.09 . . .
. . . The issue on appeal is whether there was compliance with Section 933.09, Florida Statutes (1977) by law . . . Section 933.09 specifically provides: The officer may break open any outer door, inner door or window . . . of events in the execution of the warrant and concluded that there had been compliance with Section 933.09 . . . was sufficient evidence in the record to support the trial court’s finding of compliance with Section 933.09 . . .
. . . estimated that evidence had been destroyed in half the instances in which he complied with Section 933.09 . . .
. . . Collier, 270 So.2d 451 (Fla. 4th DCA 1972); Section 933.09, Florida Statutes (1977). REVERSED. . . .
. . . ’s motion to suppress evidence was grounded upon an alleged violation of Section 901.19 and Section 933.09 . . . enter any building or property where the person to be arrested is or is reasonably believed to be.” § 933.09 . . .
. . . The second point raises the alleged violation of Section 933.09, Florida Statutes (1977), by the police . . . will be an attempt to destroy evidence, the Benefield-Clarke exceptions, infra, engrafted on Section 933.09 . . . not authorize an intrusion into a residence to serve a search warrant without complying with Section 933.09 . . . first situation that the police are justified under that exception in not complying fully with Section 933.09 . . . Section 933.09, Florida Statutes (1977). . Benefield v. State, 160 So.2d 706 (Fla.1984); State v. . . .
. . . second search warrant should be suppressed because in executing this warrant the police violated Section 933.09 . . .
. . . Smith, 308 So.2d 600 (Fla. 3d DCA 1975); Section 933.09, Florida Statutes (1975); and Fla.R. . . .
. . . premises pursuant to a search warrant on the ground that the warrant was executed in violation of Section 933.09 . . . By its decision, this court has held that Section 933.09, Florida Statutes (1975), requires that a police . . .
. . . .§ 933.09; see the leading case of Benefield v. State, Fla.1964, 160 So.2d 706. . . . State, supra, are identical to those involved, under F.S. § 933.09, when, as in Collier and Yenke, a . . .
. . . . § 933.09. See, State v. Kelly, Fla.1973, 287 So.2d 13; Earman v. . . .
. . . . §§ 901.19(1) and 933.09, F.S.A. in executing the search warrant, thus invalidating the legality of . . .
. . . The controlling statute concerning execution of a search warrant in the situation at bar is Section 933.09 . . . taken from the defendant was seized under the search warrant, the police had to comply with Section 933.09 . . . Therefore, the statutory mandate of Section 933.09, Florida Statutes, F.S.A., (that the police officer . . . This would constitute an exception to the mandates of Section 933.09, Florida Statutes, F.S.A., and compliance . . . Since the police officers failed to comply with Section 933.09, Florida Statutes, F.S. . . . The requirements of the knock and announce statute, 933.09, F.S.1971, F.S.A., are not involved in a determination . . .
. . . . § 933.09, F.S.A., requiring prior “due notice of authority and purpose” and refusal of admittance before . . . a toilet or other drain, and that compliance with the ‘Knock and Announce’ requirement of Sections 933.09 . . .
. . . Section 933.09, F.S.A.1971. . . . Section 933.09, F.S.A.1971. . . . Section 933.09, F.S.A. 1971, the statute now before this court. . . . Section 933.09, F.S.A. 1971. . . .
. . . to Suppress on the ground that the search warrant had not been executed in compliance with Section 933.09 . . . Section 933.09, Florida Statutes, F.S.A., provides: The officer may break open any outer door, inner . . . a toilet or other drain, and that compliance with the “Knock and Announce” requirement of Sections 933.09 . . .
. . . Sections 933.09 F.S.A. to 933.15 F.S.A. have to do with execution of the warrants and returns made thereon . . .
. . . or not the officers in execution of the search warrant herein substantially complied with Section '933.09 . . . Section 933.09 provides as follows: “The •officer may break open any outer door, inner door or window . . . stated that, “It is the court’s opinion every case involving interpretation of Sections 901.19 and 933.09 . . . The officers have offered no testimony or excuse for non-compliance with section 933.09 Florida Statutes . . . conscientiously find that the officers herein substantially complied with the requirements of Section 933.09 . . .
. . . Statutory guidance for execution of search warrants is found in Section 933.09, F.S.A., wherein it is . . . hold here that a finding to the effect that the searching officers did in fact comply with Section 933.09 . . .
. . . . §§ 933.09 and 933.11, F.S.A. We find the latter contention without merit. . . .
. . . giving due notice of their authority and purpose prior to their entry therein, as is required by Section 933.09 . . .