SC05-133 – Norris Riggs, Jr. v. State Of Florida

State: Florida

Docket No: SC05-133

Case Date: 12/22/2005

Preview:Supreme Court of Florida
____________ No. SC05-133 ____________ NORRIS RIGGS, JR., Petitioner, vs. STATE OF FLORIDA, Respondent. [December 15, 2005] CORRECTED OPINION CANTERO, J. In this case, we explore some of the parameters of the exigent circumstances exception to the search warrant requirement. Specifically, we consider how the exception applies when authorities find a child wandering alone around an apartment complex. We review State v. Riggs, 890 So. 2d 465 (Fla. 2d DCA 2004), which expressly and directly conflicts with Eason v. State, 546 So. 2d 57 (Fla. 1st DCA 1989). In both cases, authorities found a young child wandering alone. Fearing that its caretaker might be suffering a medical emergency, they entered a nearby apartment. In both cases, they found marijuana in plain view. In

this case, the Second District upheld the warrantless entry as reasonable under the circumstances, whereas in Eason the First District concluded that the police violated the Fourth Amendment. We granted review to resolve the conflict. See art. V,

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