{"id":4283,"date":"2010-12-28T19:40:49","date_gmt":"2010-06-12T00:46:45","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-06-11T13:18:33","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4283","title":{"rendered":"FL4: Robbery investigation exigency had dissipated; officer’s entry was invalid"},"content":{"rendered":"

Robbery victims\u2019 apartment was entered without asking and without consent, and other evidence of crime was seen. There was no exigency to enter because the robbers were gone. Dixon v. State<\/a>, 36 So. 3d 920 (Fla. App. 4th DCA 2010):<\/p>\n

Most importantly, [Officer] Leitman did not testify that he suspected the robbery suspects were in the apartment as soon as he reached the apartment door. He became suspicious only after he entered the apartment without consent, saw evidence of the robbery, and observed Dixon nervous and agitated after disappearing to another room. These observations do not support Leitman’s warrantless entry into the apartment prior to making the observations.<\/p>\n

We conclude that the exigency dissipated once Leitman received the initial description of the robbery from the victim who was out of harm’s way, and, thereafter, from his conversation with Dixon and his girlfriend at the apartment door. Accordingly, Leitman’s search of Dixon’s apartment leading to his discovery of evidence of criminal conduct constituted an unreasonable search and seizure. All physical evidence derived from the Leitman’s initial unlawful search, including evidence discovered after the officers acquired a search warrant, should have been suppressed. Accordingly, we reverse the order denying Dixon’s motions to suppress, vacate Dixon’s convictions, and remand for further proceedings consistent with this opinion.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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