NANK v. STATE

No. 80-2318.

406 So.2d 1282 (1981)

Gary Leroy NANK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 11, 1981.


Attorney(s) appearing for the Case

John Thor White, St. Petersburg, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Michael J. Kotler, Asst. Atty. Gen., Tampa, for appellee.


BOARDMAN, Judge.

Appellant was charged with possession of marijuana and drug paraphernalia following the execution of a search warrant at his home. He contends on appeal that the evidence seized should have been suppressed because the officers violated Section 933.09, Florida Statutes (1979) when executing the search warrant. We agree and reverse.

The evidence was undisputed that the police officers opened an unlocked screen door and stepped into the house...

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