Daniels v. State, 208 So. 3d 1223

Daniels was arrested near 3036 Pineway Avenue after an anonymous tip placed him at that address driving a red lifted Chevy pickup; he had an outstanding misdemeanor warrant.
Detective Noad, without verifying the tip’s source, handcuffed Daniels and, concerned about a dog and unsure if others were inside, closed the slightly ajar front door and walked to the north side curtilage.
From the curtilage, Noad looked through an unobstructed window and observed a pistol case, rifle scope, and a small amount of marijuana on a table.
Officers then sought consent to search; after failing to obtain occupant consent, they applied for a search warrant based on an affidavit that did not disclose that the observed items were seen from the curtilage and treated the anonymous tip as officer-provided information.
The warrant was issued; the search uncovered >800 grams of cannabis, two firearms, paraphernalia, and other evidence. Daniels moved to suppress; the trial court denied the motion on officer-safety grounds. Daniels pleaded no contest reserving appeal of the suppression denial.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Lawfulness of officer's intrusion onto curtilage	Daniels: entry onto curtilage was warrantless and unconstitutional; no articulable safety threat justified it	State: intrusion justified by arrest location, warning about dog, and alleged encounter with a mover	Court: intrusion onto curtilage was unlawful; officer safety justification unsupported by specific, articulable facts
Use of curtilage observation in warrant affidavit	Daniels: observations were obtained unlawfully and must be excised from affidavit	State: affidavit (including observations) supported probable cause	Court: curtilage observations must be excised; affidavit without them rests only on an anonymous tip and lacks probable cause
Reliability of anonymous tip to establish probable cause	Daniels: anonymous tip alone insufficient; not shown reliable	State: tip was corroborated by readily ascertainable facts (location, vehicle)	Court: corroboration of readily observable facts does not demonstrate tipster's knowledge of concealed criminal activity; tip insufficient to supply probable cause
Suppression remedy and warrant validity	Daniels: evidence and resulting warrant tainted by unlawful observation; suppression required	State: warrant valid, search lawful, evidence admissible	Court: suppression warranted as warrant lacked probable cause once unlawful observations excised; reversal and remand

State v. Roman, 103 So. 3d 922 (Fla. 2d DCA 2012) (standard for reviewing suppression rulings and excising invalid affidavit allegations)
State v. Fultz, 189 So. 3d 155 (Fla. 2d DCA 2016) (warrantless home searches presumptively unreasonable)
State v. Boyd, 615 So. 2d 786 (Fla. 2d DCA 1993) (Fourth Amendment protections for the home)
Abel v. State, 668 So. 2d 1121 (Fla. 2d DCA 1996) (curtilage falls within home protection)
Powell v. State, 120 So. 3d 577 (Fla. 1st DCA 2013) (officer may not intrude into curtilage absent warrant or exception)
Diaz v. State, 34 So. 3d 797 (Fla. 4th DCA 2010) (protective sweep requires reasonable, articulable suspicion of danger or evidence destruction)
Vasquez v. State, 870 So. 2d 26 (Fla. 2d DCA 2003) (scope and justification for protective sweeps)
State v. Hood, 68 So. 3d 392 (Fla. 2d DCA 2011) (excising unlawful allegations from affidavits when assessing probable cause)
Smith v. State, 904 So. 2d 534 (Fla. 1st DCA 2005) (anonymous tip alone adds nothing to probable cause absent indicia of reliability)
Florida v. J.L., 529 U.S. 266 (2000) (anonymous tips rarely establish probable cause; corroboration of observable facts insufficient to show knowledge of concealed wrongdoing)
Alabama v. White, 496 U.S. 325 (1990) (distinguishing anonymous tips that, if sufficiently corroborated, can supply reasonable suspicion)
Klosieski v. State, 482 So. 2d 448 (Fla. 5th DCA 1986) (uncertainty about additional occupants does not justify warrantless entry)