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FL2: Hudson not followed for knock-and-announce violation

By John Wesley Hall, Jr.

A knock-and-announce failure is subject to suppression, despite Hudson, which the court does not reflexively follow. The question, however, is certified to the Florida Supreme Court. Cable v. State, 2009 Fla. App. LEXIS 12890 (2DCA September 4, 2009): The issue in the instant case, however, is not--as it was in Hudson--whether the evidence is subject to suppression under the Fourth Amendment. Instead, the issue is whether suppression of the evidence is a remedy that must be applied for the violation of the statutory knock-and-announce provision. The Florida case law recognizes the common law and constitutional background for the knock-and-announce statute. See Benefield, 160 So. 2d at 710 (stating that section 901.19 "appears to represent a codification of the English common law which recognized the fundamental sanctity of one's home"); State v...continue to full post

Full post as published by Fourth Amendment on September 13, 2009 (boomark / email).