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FL3 conflicts with FL2 on following Hudson

By John Wesley Hall, Jr.

One Florida appellate district follows Hudson not suppressing a violation of knock-and-announce while recognizing that another does not (Cable v. State, 18 So. 3d 37 (Fla. 2d DCA), review granted, 22 So. 3d 539 (Fla. 2009)), certifying the conflict to the Florida Supreme Court. State v. Fernandez, 2010 Fla. App. LEXIS 17683 (Fla. 3d DCA November 17, 2010).* Officers entered with exigent circumstances to make defendant’s arrest for assault, and then brought him out. The officers wanted to go back in and defendant objected. The victim could not consent under Randolph because defendant already objected. The re-entry was without justification and the observations were suppressed. State v. Driggers, 2010 Ga. App. LEXIS 1071 (November 17, 2010)...continue to full post

Full post as published by Fourth Amendment on November 23, 2010 (boomark / email).