State v. Cable - 51 So. 3d 434 (Fla. 2010)

Rule:

While a citizen has every right to refuse entry to an officer who may be merely seeking information or conducting an investigation, the citizen has no right to refuse entry by an officer whose purpose in seeking entry is to execute an arrest warrant or search warrant. Before law enforcement officials may properly enter a private building to effect an arrest and use all necessary and reasonable force to enter any building or property, § 901.19(1), Fla. Stat., they are required to announce their purpose.

Facts:

On May 15, 2007, at 6:37 a.m., Polk County Sheriff's Office Deputy Richard Lawrence was checking vehicle license tags in the parking lot of the Lake Wales Inn. Deputy Lawrence was in uniform and was in a marked Sheriff's Office vehicle. Deputy Lawrence recognized a vehicle that he had seen at a drug house the day prior and ran the license tag number. He found that it was registered to respondent Kathy Jo Cable. Upon running a check on Cable, Deputy Lawrence discovered that Cable had an outstanding Polk County arrest warrant for failure to appear on a charge of possession of methamphetamine. Deputy Lawrence contacted the motel manager and learned that Cable and her husband were staying at the motel. After returning to his vehicle, Deputy Lawrence observed R.E., later identified as Cable's sixteen-year-old son, exit the motel room. Deputy Lawrence initiated contact with R.E. and directed R.E. to go back to the motel room and "get his mother up" because Deputy Lawrence needed to speak with her. Deputy Lawrence did not inform R.E. about the outstanding warrant because he believed this information might prompt Cable to attempt a "back door" escape. After Deputy Lawrence waited approximately fifteen minutes, neither Cable nor R.E. came outside, so Deputy Lawrence knocked on the door of Cable's motel room. Since there was no answer, Deputy Lawrence knocked again and announced "Sheriff's Office" and "come to the door." Deputy Lawrence did not announce his purpose for being there—that he had a warrant for Cable's arrest. Deputy Lawrence received no answer after announcing his authority and requesting that the occupants come to the door. After waiting a few minutes with still no response, Deputy Lawrence opened the unlocked door and entered the motel room. Inside, he found Cable, who was unresponsive on the bed, her husband, R.E., and two other boys. Deputy Lawrence woke Cable, notified her that he had a warrant for her arrest, and placed her in custody. A search of Cable's person incident to the arrest revealed methamphetamine and drug paraphernalia.

Cable was charged by information with trafficking in methamphetamine and possession of drug paraphernalia. She filed a motion to suppress the evidence against her on the ground that the warrant for her arrest was illegally executed in violation of section 901.19, Florida Statutes (2005)—Florida's statute requiring police to announce their authority and purpose before entering a building to arrest an individual. Specifically, she argued that Deputy Lawrence knocked and announced his presence and authority, but failed to announce his purpose before entering the motel room in which she was staying—a fact conceded by the State in this case. The trial court denied the motion after an evidentiary hearing. The Second District reversed, concluding that the trial court erred in denying Cable's motion to suppress. The district court reasoned that "by failing to announce his purpose before entering the motel room, the officer acted in violation of section 901.19(1)."

Issue:

Did the Second District err in ruling that Lawrence Sec. 901.19 of the Florida Statutes?

Answer:

No.

Conclusion:

Although the Deputy Lawrence acted pursuant to a valid arrest warrant, he never announced his purpose before entering the motel room. This is not simply a technical omission. A citizen's obligation to respond to a request to allow a law enforcement officer into his or her home depends on the purpose of the law enforcement officer's request. Before law enforcement officials may properly enter a private building to effect an arrest and use all necessary and reasonable force to enter any building or property, they are required to announce their purpose. Accordingly, because in this case the State concedes that the deputy never announced his purpose, the Second District properly applied our precedent to suppress the evidence seized as a result of the unlawful entry.