FL3: Subsequent unlawful code enforcement entry after SW execution didn’t void search under warrant

The Sheriff’s Office executed a drug search warrant and saw code violations. They called the code enforcement officers who came and entered illegally. The code enforcement entry didn’t vitiate the search warrant entry. State v. Marr, 95 So. 3d 394 (Fla. App. 3d DCA 2012):

The defendant moved to suppress all of the evidence seized by the Sherriff’s Officers claiming that the search conducted was invalid due to the subsequent presence of Code Enforcement Officers on the scene. The trial court granted the motion and suppressed all of the evidence. We are in agreement with the State’s position that, because the code enforcement inspection took place after the search warrant had been fully executed by the Sheriff’s Officers and because the code enforcement inspection did not directly lead to the seizure of the contraband, the evidence seized by the Sheriff’s Officers should not have been suppressed. … See State v. Vargas, 667 So. 2d 175 (Fla. 1995); … cf. Wilson v. Layne, 526 U.S. 603, 614, 119 S. Ct. 1692, 143 L. Ed. 2d 818 (1999) (holding that it is a violation of the Fourth Amendment for police to bring members of the media or other third parties into a home during the execution of a warrant when the presence of the third parties in the home was not in aid of execution of the warrant; not addressing whether the exclusionary rule would apply to any evidence discovered by the media).