law knock-and-announce rule (Florida) · Go Syfert
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law knock-and-announce rule in Florida

6 Florida opinions name it 2 courts 1996–2010 0 in the last five years

The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Wilson v. Arkansasgreen
scotus · 1995 · cited in 5 Florida opinions naming this issue, 1996–2010
2 sentences

2010The Supreme Court also explained that it concluded in Wilson v. Arkansas, 514 U.S. 927 , 115 S.Ct. 1914 , 131 L.Ed.2d 976 (1995), that the knock- and-announce rule is also a command of the Fourth Amendment — in essence, the common law knock-and-announce rule is part of the reasonableness inquiry under the Fourth Amendment.

2010The Supreme Court also explained that it concluded in Wilson v. Arkansas, 514 U.S. 927 , 115 S.Ct. 1914 , 131 L.Ed.2d 976 (1995), that the knock- and-announce rule is also a command of the Fourth Amendment — in essence, the common law knock-and-announce rule is part of the reasonableness inquiry under the Fourth Amendment.

25
Sabbath v. United Statesgreen
scotus · 1968 · cited in 1 Florida opinions naming this issue, 2007–2007
2 sentences

2007See Sabbath v. United States, 391 U.S. 585 , 591 n. 8, 88 S.Ct. 1755 , 20 L.Ed.2d 828 (1968) (holding that the exceptions to the common law knock-and-announce rule also applied to 18 U.S.C. § 3109 "since they existed at common law, of which the statute is a codification").

2007See Sabbath v. United States, 391 U.S. 585 , 591 n. 8, 88 S.Ct. 1755 , 20 L.Ed.2d 828 (1968) (holding that the exceptions to the common law knock-and-announce rule also applied to 18 U.S.C. § 3109 "since they existed at common law, of which the statute is a codification").

11
Hernandez v. Stategreen
fladistctapp · 2004 · cited in 1 Florida opinions naming this issue, 2007–2007
1 sentence

2007See Wilson v. Arkansas, 514 U.S. 927, 934 , 115 S.Ct. 1914 , 131 L.Ed.2d 976 (1995) (holding that the common law knock-and-announce principle forms a part of the Fourth Amendment reasonableness inquiry); see also Hernandez v. State, 863 So.2d 484, 486 (Fla. 4th DCA 2004) (noting that the Supreme Court in Banks had held that a fifteen-to twenty-second wait before forcible entry "satisfied both the Fourth *1032 Amendment and 18 U.S.C. 3109, which is almost identical to section 933.09").

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
New Jersey v. T. L. O. green
scotus · 1985
2 sentences

2010Indeed, Benefield applied the exclusionary rule for violations of the knock-and-announce statute long before the United States Supreme Court decided in Wilson v. Arkansas, 514 U.S. 927 , 115 S.Ct. 1914 , 131 L.Ed.2d 976 (1995), that the common law knock-and-announce rule was also a “ ‘command of the Fourth Amendment.’” Id. at 931 , 115 S.Ct. 1914 (quoting New Jersey v. T.L.O., 469 U.S. 325, 337 , 105 S.Ct. 733 , 83 L.Ed.2d 720 (1985)).

2010Indeed, Benefield applied the exclusionary rule for violations of the knock-and-announce statute long before the United States Supreme Court decided in Wilson v. Arkansas, 514 U.S. 927 , 115 S.Ct. 1914 , 131 L.Ed.2d 976 (1995), that the common law knock-and-announce rule was also a “ ‘command of the Fourth Amendment.’” Id. at 931 , 115 S.Ct. 1914 (quoting New Jersey v. T.L.O., 469 U.S. 325, 337 , 105 S.Ct. 733 , 83 L.Ed.2d 720 (1985)).

22009–2010
Hudson v. Michigan green
scotus · 2006
2 sentences

2010The Supreme Court concluded that the common law knock-and-announce violation in that case was, without more, insufficient to support the "massive remedy of suppressing evidence of guilt.” 547 U.S. at 599 , 126 S.Ct. 2159 . 2 .

2010The Supreme Court concluded that the common law knock-and-announce violation in that case was, without more, insufficient to support the "massive remedy of suppressing evidence of guilt.” 547 U.S. at 599 , 126 S.Ct. 2159 . 2 .

22010–2010
Cable v. State green
fladistctapp · 2009
1 sentence

2010Cable, 18 So.3d at 39 .

12010–2010

Statutes the citing opinions construe

FL § 933.09 (5) FL § 901.19 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

FL 6 (1996–2010) GA 2 (2017–2017) ND 2 (1998–1998)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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