{"id":2472,"date":"2008-12-24T06:09:27","date_gmt":"2008-09-20T17:49:49","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-09-20T17:49:49","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2472","title":{"rendered":"FL4: Searching for a dead body in a cigarette pack unreasonable; whole premise for entry was a ruse"},"content":{"rendered":"

Police got consent to enter defendant’s apartment on a claim to the defendant that they had a report of a dead body being dragged rolled up in a carpet. Once inside, they did a search for drugs, and this was illegal. State v. Bartling<\/a>, 989 So. 2d 757 (Fla. App. 4DCA 2008):<\/p>\n

Based upon the reasoning of the supreme court in Wyche<\/em>, we conclude that the trial court in the instant case was correct in granting the motion to suppress based upon the totality of the circumstances. As in McCord<\/em>, the trial court in the instant case concluded that “the level of trickery went far beyond what law enforcement officers should utilize when trying to gain entry into a citizen’s home in the wee hours of the morning.” As the supreme court noted in Wyche<\/em>, we recognize that Bartling’s understandable desire to clear his name of the stigma of a murder accusation is a circumstance to consider. Additionally, the search clearly exceeded the scope of consent when the police searched for a dead body in a cigarette pack. As such, we conclude that, based upon the totality of the circumstances, the trial court was correct in granting the motion to suppress.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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