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Florida Statute 901.19 | Lawyer Caselaw & Research
F.S. 901.19 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 901
ARRESTS AND TEMPORARY DETENTIONS
View Entire Chapter
F.S. 901.19
901.19 Right of officer to break into building.
(1) If a peace officer fails to gain admittance after she or he has announced her or his authority and purpose in order to make an arrest either by a warrant or when authorized to make an arrest for a felony without a warrant, the officer may use all necessary and reasonable force to enter any building or property where the person to be arrested is or is reasonably believed to be.
(2) When any of the implements, devices, or apparatus commonly used for gambling purposes are found in any house, room, booth, or other place used for the purpose of gambling, a peace officer shall seize and hold them subject to the discretion of the court, to be used as evidence, and afterwards they shall be publicly destroyed in the presence of witnesses under order of the court to that effect.
History.s. 19, ch. 19554, 1939; CGL 1940 Supp. 8663(19); s. 8, ch. 70-339; s. 1463, ch. 97-102.

F.S. 901.19 on Google Scholar

F.S. 901.19 on Casetext

Amendments to 901.19


Arrestable Offenses / Crimes under Fla. Stat. 901.19
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 901.19.



Annotations, Discussions, Cases:

Cases from cite.case.law:

FOSTER, v. STATE, 244 So. 3d 430 (Fla. App. Ct. 2018)

. . . New York , 445 U.S. 573, 602-03, 100 S.Ct. 1371, 63 L.Ed.2d 639 (1980) ; § 901.19(1), Fla. . . .

FALCON, v. STATE, 230 So. 3d 168 (Fla. Dist. Ct. App. 2017)

. . . 2010) (reaffirming suppression as remedy for violation of parallel knock-and-an-nounee provision of § 901.19 . . .

STATE v. MARKUS,, 211 So. 3d 894 (Fla. 2017)

. . . Cases that turned on the application of section 901.19, Florida Statutes (1989) (Florida’s knock and . . . Therefore, the officers did not have the authority under subsection 901.19(1) to enter Ortiz’ apartment . . . State, 395 So.2d 594, 596 (Fla. 2d DCA 1981) (“Understate law [section 901.19, Florida Statutes (1979 . . .

STATE v. TAYLOR,, 201 So. 3d 1240 (Fla. Dist. Ct. App. 2016)

. . . based on the failure of the police to comply with Florida’s knock-and-announce statute found in section 901.19 . . . which prompted him to file his revised motion alleging the failure of the police to comply with section 901.19 . . . following part of the Benefield decision: As we interpret the common law authorities in relation to § 901.19 . . . Under the peculiar facts of this case, we are convinced that § 901.19(1), Florida Statutes, F.S.A., was . . . recede from Benefield, thus leaving these exceptions applicable to instances where violations of section 901.19 . . .

MARKUS, v. STATE, 160 So. 3d 488 (Fla. Dist. Ct. App. 2015)

. . . Likewise, section 901.19, Florida Statutes— the "knock and announce” statute — has no bearing on the . . .

STATE v. Jo CABLE,, 51 So. 3d 434 (Fla. 2010)

. . . See § 901.19, Fla. Stat. (2005). . . . State, 160 So.2d 706 (Fla.1964), the plain language of section 901.19 would be consistent with the United . . . In Brown, the defendant argued that section 901.19(1), the knock-and-announce statute, supported the . . . Under the peculiar facts of this case, we are convinced that § 901.19(1), Florida Statutes, F.S.A., was . . . In reaching this conclusion, the Court noted that “[s]ection 901.19, Florida Statutes, ... appears to . . . See Benefield, 160 So.2d at 710 (stating that section 901.19 “appears to represent a codification of . . . The 2010 version of section 901.19 remains the same as the 2005 version. . . . .

SOTO, v. STATE, 75 So. 3d 296 (Fla. Dist. Ct. App. 2010)

. . . his home after the police entered without complying with the “knock-and-announce” statute, section 901.19 . . . that they announced their purpose, which was to execute an arrest warrant, as the statute requires. § 901.19 . . .

STATE v. FERNANDEZ,, 50 So. 3d 37 (Fla. Dist. Ct. App. 2010)

. . . officers did not make the slightest effort to comply with [the knock-and-announce arrest statute, section 901.19 . . . warrantless "hot pursuit” arrest implicating a similar but separate knock-and-announce provision, section 901.19 . . .

BENNETT, v. STATE, 46 So. 3d 1181 (Fla. Dist. Ct. App. 2010)

. . . The State convinced the trial court that the officer’s warrantless entry was justified by section 901.19 . . . (1), Florida Statutes (2007), which provides in pertinent part as follows: 901.19 Right of officer to . . . Id. at 578 n. 6., 100 S.Ct. 1871 In fact, the Supreme Court cited Florida’s statute, section 901.19, . . . Thus, the State’s reliance on probable cause and section 901.19 is misplaced. . . .

STATE v. BROWN,, 36 So. 3d 770 (Fla. Dist. Ct. App. 2010)

. . . constitutional violation occurred; and (2) Brown’s reliance on the knock and announce statute, section 901.19 . . . Ill Brown’s argument for affirmance is based on the “knock and announce” statute, § 901.19(1), Fla. . . . Relying on section 901.19, this court concluded the officers’ warrant-and-knoek and announce-less entry . . . Section 901.19(1), Florida Statutes (2007), provides: If a peace officer fails to gain admittance after . . .

Jo CABLE, v. STATE, 18 So. 3d 37 (Fla. Dist. Ct. App. 2009)

. . . failing to announce his purpose before entering the motel room, the officer acted in violation of section 901.19 . . . See Benefield, 160 So.2d at 710 (stating that section 901.19 “appears to represent a codification of . . .

MOBLEY, v. STATE, 14 So. 3d 1055 (Fla. Dist. Ct. App. 2009)

. . . . § 901.19(1), Fla. Stat. (2004). . . . .

JENKINS, v. STATE, 978 So. 2d 116 (Fla. 2008)

. . . Stat. (1997); 901.19(1), Fla. Stat. (1961). But see Hudson v. . . .

WOODS, v. VALENTINO, Jr., 511 F. Supp. 2d 1263 (M.D. Fla. 2007)

. . . . § 901.19 (limiting the instances where an officer can make a warrantless entry into a building to felony . . .

JENKINS, v. STATE, 924 So. 2d 20 (Fla. Dist. Ct. App. 2006)

. . . Statutes (2005), contains a knock-and-announce requirement for the execution of search warrants; section 901.19 . . . applying exclusionary rule to evidence obtained in violation of knock-and-announce requirements of section 901.19 . . .

STATE v. THOMPSON,, 852 So. 2d 877 (Fla. Dist. Ct. App. 2003)

. . . officers who discovered them had failed to comply with the “knock and announce” requirement of section 901.19 . . .

V. P. S. a v. STATE, 816 So. 2d 801 (Fla. Dist. Ct. App. 2002)

. . . Therefore, the court concluded that pursuant to section 901.19, Florida Statutes (2000), the officers . . . Section 901.19(1) similarly provides: If a peace officer fails to gain admittance after she or he has . . .

ESPIET, v. STATE, 797 So. 2d 598 (Fla. Dist. Ct. App. 2001)

. . . See § 901.19(1), Fla. Stat. (1999); Green v. . . . State, 632 So.2d 197, 198 (Fla. 3d DCA 1994) ("Section 901.19, Florida Statutes (1991), authorizes the . . .

K. GUERRIE, v. STATE, 691 So. 2d 1132 (Fla. Dist. Ct. App. 1997)

. . . Section 901.19(1), Florida Statutes (1995), provides: If a peace officer fails to gain admittance after . . .

DYER, v. STATE, 680 So. 2d 612 (Fla. Dist. Ct. App. 1996)

. . . violated both the Fourth and Fourteenth Amendments to the United States Constitution and also section 901.19 . . . This Court declines to extend F.S. 901.19 to instances where the police in hot pursuit chase a suspect . . . The decision not to expand § 901.19 any further than it already has been expanded is based in part on . . . That ease involved entry into an apartment and clearly states that “[sjeetion 901.19, Florida Statutes . . . This interpretation makes sense because it is difficult to see how section 901.19, Florida’s “knock and . . .

WILSON, v. STATE, 673 So. 2d 505 (Fla. Dist. Ct. App. 1996)

. . . See, Florida Statutes, sections 901.19 (making arrest) and 933.09 (1995) (executing search warrant). . . .

FIDALGO, v. STATE, 659 So. 2d 290 (Fla. Dist. Ct. App. 1994)

. . . See, e.g., § 901.19(1), Fla.Stat. (1991); State v. Kelly, 287 So.2d 13 (Fla.1973); Benefield v. . . . for the defendant’s home or further any of the historical purposes of the Fourth Amendment or Section 901.19 . . .

M. ALBRITTON, v. STATE, 634 So. 2d 1114 (Fla. Dist. Ct. App. 1994)

. . . are guided by the Florida Supreme Court’s interpretation of a substantially similar statute, Section 901.19 . . .

GREEN, v. STATE, 632 So. 2d 197 (Fla. Dist. Ct. App. 1994)

. . . Section 901.19, Florida Statutes (1991), authorizes the police to enter a dwelling without a warrant . . .

McCLAIN, Jr. v. L. CROWDER, O, 840 F. Supp. 897 (S.D. Fla. 1994)

. . . Defendants’ Motion for Summary Judgment (DE 5), the Plaintiffs’ Motion to Declare Florida Statutes Section 901.19 . . . The McClains, in turn, have moved to declare Section 901.19(1) unconstitutional. . . . Section 901.19(1) requires, inter alia, that a law enforcement officer “use all necessary and reasonable . . . Section 901.19(1) sets forth the “knock and announce’’ rule governing official entries for the purpose . . . : As we interpret the common law authorities in relation to § 901.19(1), Florida Statutes, F.S.A., we . . .

ORTIZ, v. STATE, 600 So. 2d 530 (Fla. Dist. Ct. App. 1992)

. . . Subsection 901.19(1), Florida Statutes (1989), states: If a peace officer fails to gain admittance after . . . Section 901.19, Florida Statutes (1989), defines the authority of a law enforcement officer to make a . . . Id. § 901.19(1). . . . Section 901.19, Florida Statutes (1989), was nowhere discussed. . . . In the present case section 901.19 has been raised by way of defense and the point is well taken. . . .

NAPOLI, v. STATE, 596 So. 2d 782 (Fla. Dist. Ct. App. 1992)

. . . seized during a search and seizure conducted by the police in the absence of compliance with Section 901.19 . . . Section 901.19(1) provides: If a peace officer fails to gain admittance after he has announced his authority . . .

SAAVEDRA, v. STATE, 576 So. 2d 953 (Fla. Dist. Ct. App. 1991)

. . . obtained after the police failed to knock and announce before entering his home, pursuant to section 901.19 . . . Under section 901.19(1), police may break into a residence to make a valid warrant-less felony arrest . . . However, section 901.19(1) is not violated when officers are voluntarily admitted. See Byrd v. . . .

STATE OF FLORIDA v. IRVING, 36 Fla. Supp. 2d 7 (Fla. Cir. Ct. 1989)

. . . S. 901.19, the “Knock and Announce” statute, when entering the appellant’s house to assist a probation . . .

ROUNDTREE, v. STATE, 544 So. 2d 1101 (Fla. Dist. Ct. App. 1989)

. . . Section 901.19, Florida Statutes (1987), provides in relevant part: Right of officer to break into building . . . instant case involves one or more of the exceptions to the knock-and-announce requirement of section 901.19 . . . unlawful entry of the motel room that they occupied, they were entitled to the protections of section 901.19 . . .

STATE v. FERNANDEZ,, 538 So. 2d 899 (Fla. Dist. Ct. App. 1989)

. . . consent to reenter the premises and need not knock and announce their authority and purpose under Section 901.19 . . .

HOUSTON, v. STATE, 528 So. 2d 940 (Fla. Dist. Ct. App. 1988)

. . . the failure of the arresting officers to comply with the knock-and-announce requirements of section 901.19 . . .

UNITED STATES v. MEALY B., 851 F.2d 890 (7th Cir. 1988)

. . . . §§ 901.19(1), 933.09 (1986). . . .

STATE v. E. GRAY,, 518 So. 2d 301 (Fla. Dist. Ct. App. 1987)

. . . the evidence was properly admitted, finding that the entry did not involve a “breaking” subject to § 901.19 . . .

STATE v. HUME, HUME, v. STATE, 512 So. 2d 185 (Fla. 1987)

. . . , section 12, of the Florida Constitution (the new search-and-seizure section), and applied section 901.19 . . . asserted failure of the arresting officers to comply with the knock-and-announce requirement of section 901.19 . . . so hold as a matter of law, especially given the mandate to strictly construe exceptions to Section 901.19 . . . of additional officers waiting outside the home did not constitute an intrusion offensive to section 901.19 . . . To rule otherwise would be contrary, in our view, to the intent of section 901.19(1) and would compromise . . .

STATE v. L. PETERS,, 499 So. 2d 908 (Fla. Dist. Ct. App. 1986)

. . . We find there was no violation of the knock and announce rule, codified at Section's 901.19 and 933.09 . . . identity, used to gain admission into a house, does not constitute a breaking within the meaning of 901.19 . . .

BYRD, v. STATE, 481 So. 2d 468 (Fla. 1985)

. . . .-15, 901.19, Fla.Stat. (1979). . . .

COBHAM, v. STATE, 478 So. 2d 456 (Fla. Dist. Ct. App. 1985)

. . . demonstrates either that the officer in question complied with the “knock-and-announce” statutes, §§ 901.19 . . .

STATE v. HUME,, 463 So. 2d 499 (Fla. Dist. Ct. App. 1985)

. . . trial court found that in effecting appel-lee’s arrest the officers had failed to comply with Section 901.19 . . . Concerning the alleged violation of Section 901.19(1), we note first the well-settled rule that the statute . . . Thus, the state argues, the case at bar presents no facts requiring suppression based on Section 901.19 . . . so hold as a matter of law, especially given the mandate to strictly construe exceptions to Section 901.19 . . . Section 901.19(1) provides: If a peace officer fails to gain admittance after he has announced his authority . . .

VAN ALLEN, v. STATE, 454 So. 2d 49 (Fla. Dist. Ct. App. 1984)

. . . The “knock and announce” rule is more commonly encountered in the application of Section 901.19(1), Florida . . . a backdrop of common law applications: As we interpret the common law authorities in relation to § 901.19 . . .

A. BURDEN, v. STATE C. DILLMAN, v. STATE, 455 So. 2d 1066 (Fla. Dist. Ct. App. 1984)

. . . 1981), the act of opening an unlocked screen door constituted a “breaking” within the ambit of section 901.19 . . .

JONES, v. STATE, 440 So. 2d 570 (Fla. 1983)

. . . Appellant further argues that the officers’ intrusion into his dwelling violated section 901.19(1), Florida . . . limited exceptions an officer may enter a dwelling to effect an arrest without complying with section 901.19 . . . So.2d 706 (Fla.1964), advanced several exceptions to the knock and announce requirements of section 901.19 . . . Florida Statutes, stating in pertinent part: As we interpret the common law authorities in relation to § 901.19 . . . Inasmuch as there were exigent circumstances present and full compliance with section 901.19(1), Florida . . .

L. WALKER, v. STATE, 433 So. 2d 644 (Fla. Dist. Ct. App. 1983)

. . . the state to demonstrate that the police officers had acted within a recognized exception to section 901.19 . . .

RILEY, v. STATE, 448 So. 2d 1029 (Fla. Dist. Ct. App. 1983)

. . . State, 160 So.2d 706 (Fla.1964); § 901.19(1), Fla.Stat. (1981); although that law has recently been changed . . .

SLOAN, Jr. v. STATE, 429 So. 2d 354 (Fla. Dist. Ct. App. 1983)

. . . entry of the commonly occupied portions of the mobile home, the “knock and announce" statute (Section 901.19 . . .

STATE v. CANTRELL,, 426 So. 2d 1035 (Fla. Dist. Ct. App. 1983)

. . . entering the house the arresting officers had violated Florida’s “knock and announce” law, section 901.19 . . . Our sister court held that under section 901.19(1) the arresting officers could only enter the premises . . . The knock and announce statute is section 901.19(1), Florida Statutes (1981), which provides that: If . . .

GRIFFIN, v. STATE LAWRENCE v. STATE, 419 So. 2d 320 (Fla. 1982)

. . . implied invitation to reenter the premises freely or must he comply with the provisions of Section 901.19 . . . of reentry described in question (1) even though the officer seeking reentry complies with Section 901.19 . . . house had an implied invitation to reenter and did not have to “knock and announce” pursuant to section 901.19 . . . In this situation, he did not need to comply with the provisions of section 901.19(1), Florida Statutes . . . of reentry described in the first question even though the reentering officer complies with section 901.19 . . .

STATE v. LOEFFLER,, 410 So. 2d 589 (Fla. Dist. Ct. App. 1982)

. . . In addition, they argue that section 901.19, Florida Statutes (1979), which contains Florida’s knock . . . Section 901.19(1) reads as follows: If a peace officer fails to gain admittance after he has announced . . . In making their argument, appellees assert that since the protections offered by section 901.19(1) are . . . The case law which has developed around section 901.19 makes it clear that absent certain exceptions . . . As the opinion in Benefield points out, the purpose of section 901.19(1) is to protect the privacy of . . .

STATE v. McGRIFF,, 404 So. 2d 814 (Fla. Dist. Ct. App. 1981)

. . . officers did not first announce their purpose as required by our “knock and announce” law, section 901.19 . . . On its face, section 901.19 allows an officer to break into a building after he has announced his authority . . . Section 901.19 is a codification of the common law which recognized that fundamental protection. . . . , 100 S.Ct. 1371, 63 L.Ed.2d 639 (1980), severely limited the constitutional application of section 901.19 . . .

SMITH, v. STATE, 399 So. 2d 70 (Fla. Dist. Ct. App. 1981)

. . . was an unreasonable entry violative of the United States and Florida Constitutions, and of section 901.19 . . . Section 901.19, Florida Statutes (1979), states in pertinent part: (1) If a peace officer fails to gain . . .

STATE v. STEFFANI, Jr., 398 So. 2d 475 (Fla. Dist. Ct. App. 1981)

. . . knocked, or announced their presence, or performed the requirements of the ‘knock and announce law’, § 901.19 . . . Roman, 309 So.2d 12 (Fla. 4th DCA 1975).[] The applicability of Section 901.19(1), Fla. . . . court as one which involves questions of great public importance concerning the applicability of Sec. 901.19 . . .

STATE v. SCHWARTZ,, 398 So. 2d 460 (Fla. Dist. Ct. App. 1981)

. . . The trial court found that this conduct violated the Florida “knock and announce” statute, Section 901.19 . . . (1), Florida Statutes (1979), which provides: 901.19 Right of officer to break into building (1) If a . . .

M. WILLIAMS, v. STATE, 403 So. 2d 430 (Fla. Dist. Ct. App. 1981)

. . . Florida has long recognized the particular sanctity of the home and enacted Section 901.19(1), Florida . . . Florida courts require that Section 901.19(1) be strictly adhered to. Earman v. . . . Because the officers failed to announce their purpose, they did not comply with Section 901.19(1). . . . s peril had he demanded entry and stated his purpose, however, is a recognized exception to Section 901.19 . . .

STATE v. G. MANNING, M. T. Jr., 396 So. 2d 219 (Fla. Dist. Ct. App. 1981)

. . . Although Benefield deals with section 901.19, Florida Statutes (1961), the right of officers to break . . .

JOHNSON, v. STATE, 395 So. 2d 594 (Fla. Dist. Ct. App. 1981)

. . . limited in making a warrantless arrest for a misdemeanor committed within his lawful presence by section 901.19 . . . Benefield made it crystal clear that the limitations on an officer’s authority contained in section 901.19 . . . of opening an unlocked screen door constitutes a “breaking” or entry within the meaning of section 901.19 . . . Since section 901.19, Florida Statutes (1979), suffers the same defect, the requirements of Payton must . . . Section 901.19 and the cases decided thereunder do not give an officer the power to exercise control . . .

STATE v. MOYER,, 394 So. 2d 433 (Fla. Dist. Ct. App. 1980)

. . . The State conceded that they did not comply with the “knock and announce” statute, Section 901.19, Florida . . .

COSTER, v. STATE, 392 So. 2d 16 (Fla. Dist. Ct. App. 1980)

. . . challenge the validity of the police officers’ entry into a private dwelling without complying with Section 901.19 . . .

HURT, v. STATE, 388 So. 2d 281 (Fla. Dist. Ct. App. 1980)

. . . Section 901.19(1) permits a warrantless entry into a building “where the person to be arrested is or . . . warrant or when authorized to make an arrest for a felony without a warrant, . . . ” While Section 901.19 . . . Assuming Section 901.19(1) may be interpreted as permitting the officers’ entry, even in the absence . . . The cases interpreting Section 901.19(1) clearly hold that law enforcement officers, prior to opening . . . State, supra, arresting officers must comply strictly with the requirements of Section 901.19(1). . . .

LAWRENCE v. STATE, 388 So. 2d 1250 (Fla. Dist. Ct. App. 1980)

. . . implied invitation to reenter the premises freely or must he comply with the provisions of Section 901.19 . . . of reentry described • in question (1) even though the officer seeking reentry complies with Section 901.19 . . .

McANNIS, v. STATE, 386 So. 2d 1230 (Fla. Dist. Ct. App. 1980)

. . . illegal, according to appellant, in that the officers failed to “knock and announce,” as required by § 901.19 . . .

STATE v. SANTAMARIA,, 385 So. 2d 1130 (Fla. Dist. Ct. App. 1980)

. . . authorized under the “officer’s peril” exception to the “knock and announce” requirements of Section 901.19 . . .

PAYTON v. NEW YORK, 445 U.S. 573 (U.S. 1980)

. . . . § 901.19 (1979); Haw. Rev. Stat. § 803-11 (1977); Idaho Code § 19-611 (1979); IE. Rev. . . .

PRECES, v. STATE, 378 So. 2d 77 (Fla. Dist. Ct. App. 1979)

. . . maintains that Officer Martinez’ failure to knock and announce his authority and purpose violated Section 901.19 . . .

MADAR, v. STATE, 376 So. 2d 446 (Fla. Dist. Ct. App. 1979)

. . . . — s. 901.19 Disposition of apparatus. s. 933.02 Search warrants, implements and appliances. . 849.093 . . .

HANSEN, v. STATE WESTFALL, v. STATE, 372 So. 2d 1003 (Fla. Dist. Ct. App. 1979)

. . . Section 901.19(1), Florida Statutes (1977) provides: If a peace officer fails to gain admittance after . . .

STATE v. JOHNSON,, 372 So. 2d 536 (Fla. Dist. Ct. App. 1979)

. . . Appellee’s motion to suppress evidence was grounded upon an alleged violation of Section 901.19 and Section . . . In discussing Section 901.19(1), the Florida Supreme Court, in Benefield v. . . . J., and CROSS, J., concur. . § 901.19(1) “If a peace officer fails to gain admittance after he has announced . . .

KING, v. STATE MORRIS, v. STATE, 371 So. 2d 120 (Fla. Dist. Ct. App. 1978)

. . . suppress the evidence taken from Morris’ home following an alleged illegal entry in violation of Section 901.19 . . . Section 901.19(1) provides: (1) If a peace officer fails to gain admittance after he has announced his . . . State, 160 So.2d 706 (Fla.1964), it was held that Section 901.19(1) prohibited an unannounced intrusion . . . officer conceals his identity and obtains entry by trick or ruse, there is no violation of Section 901.19 . . .

H. WILSON, v. STATE, 363 So. 2d 1146 (Fla. Dist. Ct. App. 1978)

. . . arrest might have been based upon probable cause, due to the failure of the police to follow Section 901.19 . . .

STATE v. WALLACE,, 329 So. 2d 355 (Fla. Dist. Ct. App. 1976)

. . . Bell, 249 So. 2d 748 (Fla.App.4th 1971); see also section 901.19(1), F.S. . . .

STATE v. LOPEZ, 44 Fla. Supp. 47 (Palm Beach Cty. Ct. 1976)

. . . she argues that if any crime was committed outside, it was a misdemeanor which under Florida Statute 901.19 . . . Stats. 901.15 and 901.19. . . . II Florida Statute 901.19 requires that peace officers give notice of their authority and purpose and . . .

LEWIS, v. STATE, 320 So. 2d 435 (Fla. Dist. Ct. App. 1975)

. . . . § 901.19. . . . . § 901.19 is inapplicable to the instant case as the record reflects that the arresting officers after . . . Affirmed. . “901.19 Right of officer to break into building “(1) If a peace officer fails to gain admittance . . .

OLIVERA, v. STATE, 315 So. 2d 487 (Fla. Dist. Ct. App. 1975)

. . . . § 901.19. . . .

STATE v. ROMAN,, 309 So. 2d 12 (Fla. Dist. Ct. App. 1975)

. . . . § 901.19(1); F.S.§ 933.09; see the leading case of Benefield v. State, Fla.1964, 160 So.2d 706. . . . . § 901.19(1) and “pursuant to the principles as [stated] in State v. . . . none of the students there, heard such a knock (or any announcement of authority as required by F.S. § 901.19 . . . The “knock-and-announce” rules applicable under F.S. § 901.19(1) to a search which follows even a justified . . .

STATE v. ENGLISH,, 308 So. 2d 636 (Fla. Dist. Ct. App. 1975)

. . . the Florida Supreme Court concluded that even if probable cause exists for the arrest of a person, § 901.19 . . .

UNITED STATES v. C. CHAPMAN,, 384 F. Supp. 1232 (S.D. Fla. 1974)

. . . . § 901.19(1); 18 U.S.C. § 3109. . . .

WHISNANT v. STATE, 303 So. 2d 397 (Fla. Dist. Ct. App. 1974)

. . . . §§ 901.19(1) and 933.09, F.S.A. in executing the search warrant, thus invalidating the legality of . . .

R. RUCKER, v. STATE, 302 So. 2d 490 (Fla. Dist. Ct. App. 1974)

. . . . § 901.19, F.S.; Prather v. State, Fla.App.2d 1966, 182 So.2d 273. . . .

STATE v. S. KELLY,, 287 So. 2d 13 (Fla. 1973)

. . . . § 901.19(1), F.S.A., requiring prior announcement by the officer of his authority and purpose before . . . or other drain, and that compliance with the ‘Knock and Announce’ requirement of Sections 933.09 and 901.19 . . . The basis for recognizing the exceptions to Fla.Stat. § 901.19(1), F.S.A., in Benefield was that the . . .

MORENO, a k a v. STATE, 277 So. 2d 81 (Fla. Dist. Ct. App. 1973)

. . . Fla.Stat., § 901.19(1), F.S.A., provides: “If a peace officer fails to gain admittance after he has announced . . .

STATE v. COLLIER, 270 So. 2d 451 (Fla. Dist. Ct. App. 1972)

. . . Section 901.19(1), F.S.A.1969, which is closely analogous to F.S. . . .

T. v., 58 T.C. 792 (T.C. 1972)

. . . Ann., sec. 901.19. . . .

EARMAN, Jr. v. STATE, 265 So. 2d 695 (Fla. 1972)

. . . Section 901.19(1), F.S.A. . . . Section 901.19(1), F.S.A., is necessary. Benefield v. State, supra. . . . Section 901.19(1), F.S.A., comes within the exception announced by this court in the case of State v. . . .

STATE v. S. KELLY,, 260 So. 2d 903 (Fla. Dist. Ct. App. 1972)

. . . wherein the Supreme Court of Florida stated: “As we interpret the common law authorities in relation to 901.19 . . . Section 901.19(1) Florida Statutes, F.S. . . . or other drain, and that compliance with the “Knock and Announce” requirement of Sections 933.09 and 901.19 . . .

EARMAN, Jr. v. STATE, 253 So. 2d 481 (Fla. Dist. Ct. App. 1971)

. . . arrest without a warrant, nor compliance with the “knock and announce” requirements of F.S. section 901.19 . . . So.2d 867, and that the officers’ failure to comply with the statutory requirements of F.S. section 901.19 . . .

STATE v. BELL, 249 So. 2d 748 (Fla. Dist. Ct. App. 1971)

. . . State, supra, set forth the requirements of Section 901.19(1), Florida Statutes, F. . . . The court took pains to point out, however, that the requirements of § 901.19(1) should be strictly observed . . . What is disputed, however, is that § 901.19(1) affords citizens living in these areas less protection . . . The court here analogizes the test for determining reasonableness of entry under § 901.19(1) to that . . . In conclusion, considering the strict requirements of § 901.19(1) and the Bene-field case, and in light . . . Section 901.19(1), Florida Statutes 1969, F.S.A., provides that: “An officer, in order to make an arrest . . . s entry into the building in the instant case was an entry by breaking within the meaning of F.S. § 901.19 . . . into appellant’s premises without announcing his authority and purpose within the meaning of Section 901.19 . . . before their entry are not inconsistent with a good faith belief on their part that compliance with § 901.19 . . . ascertain (1) whether the circumstances were such as to reflect good faith compliance with Section 901.19 . . .

STATE v. CLARKE, L. L. T. Jr., 242 So. 2d 791 (Fla. Dist. Ct. App. 1970)

. . . Section 901.19(1), Florida Statutes, F.S. . . . have codified the common law rule prohibiting forcible entry in statutes similar to Florida Section 901.19 . . .

T. SUAREZ, v. STATE, 220 So. 2d 442 (Fla. Dist. Ct. App. 1969)

. . . are consistent with a good faith belief on their part that they were excused from compliance with § 901.19 . . .

URQUHART, v. STATE, 211 So. 2d 79 (Fla. Dist. Ct. App. 1968)

. . . Florida Statute § 901.19(1), F.S.A., provides : “An officer, in order to make an arrest either by virtue . . . In Benefield the Florida Supreme Court listed four justifications for not complying with 901.19(1), stating . . . at 160 So.2d page 710: “As we interpret the common law authorities in relation to § 901.19(1), Florida . . . Thus, due to the violation of § 901.19(1), committed by the officer while in the process of arresting . . . In addition to violating § 901.19(1) and thereby causing the resulting search and seizure of Exhibits . . .

HUTCHINSON, v. STATE, 201 So. 2d 485 (Fla. Dist. Ct. App. 1967)

. . . Nor was § 901.19 (1), entitled “Right of officer to break into building,” required to be invoked. . . .

UNITED STATES FLETCHER, v. L. WAINWRIGHT,, 269 F. Supp. 276 (S.D. Fla. 1967)

. . . The contention made by petitioner that the arresting police officers did not comply with Section 901.19 . . .

UNITED STATES FLETCHER, v. L. WAINWRIGHT,, 269 F. Supp. 224 (S.D. Fla. 1967)

. . . The contention made by petitioner that the arresting police officers did not comply with Section 901.19 . . .

RODRIQUEZ, T. v. STATE, 189 So. 2d 656 (Fla. Dist. Ct. App. 1966)

. . . The appellants have assigned this as error and assert as authority for reversal Section 901.19(1), Florida . . . Section 901.19(1) provides: “An officer, in order to make an arrest either by virtue of a warrant, or . . . rule on page 710 as follows: * * * * * * “As we interpret the common law authorities in relation to § 901.19 . . . Since Section 901.19(1) was not complied with the fruits of the subsequent search should have been excluded . . . before their entry are not inconsistent with a good faith belief on their part that compliance with § 901.19 . . . are consistent with a good faith belief on their part that they were excused from compliance with § 901.19 . . .

STATE v. E. MACH, 187 So. 2d 918 (Fla. Dist. Ct. App. 1966)

. . . The court in its order .also referred to subsection (1) of § 901.19, F.S.A. . . . , the court stated that, “It is the court’s opinion every case involving interpretation of Sections 901.19 . . .

CASSO, O v. STATE N. KIRSCHBAUM, v. STATE, 182 So. 2d 252 (Fla. Dist. Ct. App. 1966)

. . . Section 901.19 (1), F.S.A., which reads as follows: “An officer, in order to make an arrest * * * when . . .

PRATHER, v. STATE, 182 So. 2d 273 (Fla. Dist. Ct. App. 1966)

. . . Section 901.19, F.S.A. . . .

KOPTYRA, v. STATE, 172 So. 2d 628 (Fla. Dist. Ct. App. 1965)

. . . Section 901.19, Fla.Stats., F.S.A. Here, as in Benefield v. . . . method of •entry into the Hardin dwelling constituted a “constructive breaking” in violation of .Section 901.19 . . . The method of entry here did not involve a breaking within the meaning of Section 901.19, Fla.Stats., . . .

HEDGES, v. STATE, 165 So. 2d 213 (Fla. Dist. Ct. App. 1964)

. . . the Statute was violated by an unannounced intrusion contrary to the provisions of Florida Statute § 901.19 . . . In this case the court said: “As we interpret the common law authorities in relation to § 901.19(1), . . .

J. C. BENEFIELD, v. STATE, 160 So. 2d 706 (Fla. 1964)

. . . There was no attempt whatever to comply with § 901.19(1), Florida Statutes, F.S.A., and the two acts . . . Section 901.19(1), the applicable Florida Statute, provides: “An officer, in order to make an arrest . . . They completely ignored every requirement of § 901.19(1), Florida Statutes, F.S.A., so everything they . . . The state argues that the Ker case, supra, involved a California statute similar to § 901.19, Florida . . . Section 901.19, Florida Statutes, F.S.A., like its counterpart California statute, appears to represent . . .

KER v. CALIFORNIA, 374 U.S. 23 (U.S. 1963)

. . . . § 901.19 (1) ; Idaho Code § 19-611; Burns’ Ind. Ann. Stat. § 9-1009; Iowa Code Ann. §.755.9; Kan. . . .

TOM COOPER v. THE CITY OF MIAMI, 160 Fla. 656 (Fla. 1948)

. . . See Sections 849.01, 849.05, 849.14-849.16, 901.19, Fla. Stat. 1941, F.S.A.; Kirk v. . . .