Supreme Court of Florida

State of Florida v. Kathy Jo Cable

December 9, 201051 So. 3d 434

Summary

The Court held that the federal decision eliminating the exclusionary remedy for Fourth Amendment knock-and-announce violations did not require Florida to abandon its state-law rule requiring suppression for violations of Florida's statutory knock-and-announce requirement. Because the arresting officer entered without announcing the purpose of his presence, the statutory violation required suppression of the drugs and paraphernalia found during the arrest search. The Court approved the district court's decision and remanded for further proceedings. Justice Polston, dissenting, would have abandoned the judicially created exclusionary remedy because the statute does not expressly provide it and constitutional law does not require it.