Rozzo v. State (Fourth District Court of Appeals, Dec. 7th, 2011).

Warrantless entry and protective sweep of home violated the Fourth Amendment.  The defendant was arrested outside his home.  The officers observed no open door to home and no illegal activity within.  There was no objectively reasonable basis to suspect on the officer's part that occupants of house (the defendant's parents) were aware that defendant had been arrested outside the home, or that occupants of the house posed safety threat or were actively trying trying to destroy evidence.

The father's consent to search, which was obtained after his son was taken into custody outside home and officers performed protective sweep of the home, did not dissipate taint of illegal sweep; only about 20 minutes elapsed between initial sweep and time when written consent form was signed, consent to search was nothing more than acquiescence to show of authority after officers had ordered parents out of house to conduct protective sweep, and mere fact that written consent form advised father of right to refuse search was insufficie 

Fears for officer safety based on generalizations about drug cases, rather than on any specific risk presented by the facts of defendant's case, do not qualify as exigent circumstances, as would justify warrantless entry into home.nt to dissipate taint of illegal sweep. to destroy evidence.

The Court suppressed the five oxycodone pills found near the defendant.