SHAKEYNA FOSTER
v.
STATE OF FLORIDA

Fla. 1st DCA | 2018-06-13
No. 17-3819
244 So. 3d 430 Florida District Court of Appeal, First District (2018) Negative Treatment

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Holding

Law enforcement officers lawfully entered the appellant's residence to serve arrest warrants on third parties reasonably believed to be present and properly conducted a protective sweep under Maryland v. Buie, discovering marijuana in the common area.


Headnotes

[1] Law enforcement officers may lawfully enter a private residence to serve arrest warrants on third parties when the officers reasonably believe the subjects of the warrant…

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Facts & Procedural History

Officers entered the appellant's residence to serve arrest warrants on two brothers believed to be staying there. Nine pounds of marijuana were found …

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Opinion of the Court

permitted to conduct a protective sweep per Maryland v. Buie, 494 U.S. 325, 334-36 (1990).

AFFIRMED.

WOLF, BILBREY, and KELSEY, JJ., concur.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.


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