State Florida v. Earl R. Bamber

ALTENBERND, Judge. The state appeals an order granting Mr. Bamber's motion to suppress evidence obtained during a search of his home pursuant to a search warrant. We affirm the suppression order because the state failed to establish an exigent circumstance that would have allowed the police to dispense with the ""knock-and-announce"" requirements at the time the search was performed. See ? 933.09, Fla. Stat. (1989); Benefield v. State, 160 So.2d 706 (Fla. 1964). Although the state established that the warrant authorized a search for a small quantity of cocaine and that the home in question had normal residential plumbing, we do not believe these conditions alone establish an exigent circumstance. We recognize express conflict with State v. Bell, 564 So.2d 1235 (Fla. 5th DCA 1990), and Armenteros v. State, 554 So.2d 574 (Fla. 3d DCA 1989). We also express conflict with State v. Pardo, 582 So.2d 1225 (Fla. 3d DCA 1991), jurisdiction accepted, No. 78,318 (Fla. July 26, 1991).