No Warrant - Marijuana Cocaine Motion to Suppress Granted

Tampa, Florida Criminal Defense
Tampa, Florida Criminal Defense expert notes that where there had been a warrantless (no Search Warrant) entry into a home, after a consensual encounter on the street, drugs were suppressed where the cops followed the defendant into a home. Suppressed were a plastic bag of marijuana which defendant dropped inside his apartment and also suppress was a baggie of rock cocaine found in search incident to defendant's arrest.

Cop had initiated a consensual encounter with group of men standing outside apartment at public housing complex. Without founded suspicion of criminal activity, the cop followed the defendant. Defendant then turned and darted into and apartment.

Court ruled that "Officer's feeling that something wasn't right" was insufficient to establish the kind of “grave emergency” necessary to rebut presumption that warrantless entry into a residence is unreasonable. even though drugs in the apartment were in plain view, a Plain View seizure would not be proper where officer had no lawful right to be in apartment at time he observed defendant drop bag .


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Source: 34 Fla. L. Weekly D1836b


Search Warrant - Marijuana Cocaine Motion to Suppress Granted