JOHN S. NELSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Nelson appeals his conviction for marijuana possession, challenging the trial court's denial of his motion to suppress the seized marijuana. The appellate court agrees that the state failed to prove voluntary consent to search and reverses the conviction.
The court held that the trial court erred in denying the suppression motion. The state failed to meet its burden of producing clear and convincing evidence that Nelson voluntarily consented to the search, particularly given the coercive circumstances of the prolonged detention and threat of warrant acquisition.
[1] A search conducted after a prolonged detention, coupled with repeated requests for consent and the threat of obtaining a search warrant, may render consent involuntary.
[2] When an individual refuses to consent to a search, law enforcement officers should seek a search warrant if they have probable cause, rather than continuing to detain the…
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Join FLexlaw to unlock all legal intelligence“Considering the totality of the circumstances, it does not appear that Nelson consented merely because the deputy told him he could consent.”
Establishes the legal standard that courts must examine all circumstances to determine if consent was truly voluntary.
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Join FLexlaw to unlock all legal intelligenceInspector Edmonds stopped Nelson after he drove past an agricultural inspection station and observed black plastic garbage bags in the truck bed with …
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PER CURIAM.
Nelson appeals his conviction for possession of marijuana, contending that the trial court erred in failing to suppress the seized marijuana. We agree.
Appellant was stopped by Inspector Ed-monds after he drove a pickup truck past an agricultural inspection station. The inspector, with permission, observed black plastic garbage bags in the back of the truck. Thereafter, Nelson denied three separate requests to search the bags. Finally, after a deputy explained to appellant that he could give consent even though appellant claimed the truck and bags did not belong to him, Nelson consented. However, consent came only when the deputy began placing a call to the state attorney’s office in an attempt to obtain a search warrant. By this time, appellant had been detained an hour and a half. The testimony of the officials as to their efforts during this period in attempting to obtain appellant’s consent to the search was conflicting and contradictory. Considering only the officials’ testimony, there is testimony that appellant was told that if he did not consent, they would get a search warrant and also that he was told that if he did not consent, they would attempt to get a search warrant.
Considering the totality of the circumstances, it does not appear that Nelson consented merely because the deputy told him he could consent. See Villari v. State, 372 So. 2d 522 (Fla. 1st DCA 1979). In a similar case, Seuss v. State, 370 So. 2d 1203 (Fla. 1st DCA 1979), this court reversed an order denying suppression stating:
“Here, Seuss had been detained for more than an hour; he had refused repeated requests that he open the vehicle and allow the agents to inspect; he was informed that he could not leave until the vehicle was searched; and the supervisor represented that if Seuss continued to refuse, he could get authority to search anyway. ... If the agents had probable cause with which to get a warrant, they should have done so rather than detain Seuss for over an hour while attempting to obtain his ‘consent.’ ”
The record in this case fails to show that the state met its burden to produce clear and convincing evidence showing appellant’s voluntary consent to search the bags. Rose v. State, 369 So. 2d 447 (Fla. 1st DCA 1979). The trial court’s denial of appellant’s suppression motion is REVERSED.
McCORD, Acting C. J., SHIVERS, J., and MASON, ERNEST E., Associate Judge, concur.
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Rosell v. State, 433 So. 2d 1260 (Fla. 1st DCA 1983)…bmission to apparent authority, the search will not be upheld. This rule is applicable to warrant-less searches by agricultural inspectors. See Loftis v. State, 391 So. 2d 219 (Fla. 1st DCA), rev. denied, 399 So. 2d 1146 (Fla.1981); Nelson v. State, 376 So. 2d 459 (Fla. 1st DCA 1979); Gonterman v. State, 358 So. 2d 595 (Fla. 1st DCA 1978); Powell v. State, 332 So. 2d 105 (Fla. 1st DCA 1976); Sarga v. State, 322 So. 2d 592 (Fla. 1st DCA 1975). Appellee relies entirely on Bagocus v. State, 359 So. 2d 885 (Fla.…
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State v. Lanxon, 393 So. 2d 1194 (Fla. 3d DCA 1981)…e totality of the circumstances, Schneckloth v. Bustamonte, 412 U.S. 218, 93 S.Ct. 2041, 36 L.Ed.2d 854 (1973); Bumper v. North Carolina, 391 U.S. 543, 88 S.Ct. 1788, 20 L.Ed.2d 797 (1968); Bailey v. State, 319 So. 2d 22 (Fla.1975); Nelson v. State, 376 So. 2d 459 (Fla. 1st DCA 1979); Taylor v. State, 355 So. 2d 180 (Fla. 3d DCA 1978); Ferrara v. State, 319 So. 2d 629 (Fla. 1st DCA 1975), compels the conclusion that defendant’s consent was not voluntary. Statements accusing a defendant of having committed a c…
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Monroe v. State, 578 So. 2d 847 (Fla. 2d DCA 1991)…the form in order to allow his mother to later get the car out of police impoundment. The very length of the detention before the consent was signed is sufficient to cast significant doubt on the voluntariness of May’s consent. See Nelson v. State, 376 So. 2d 459 (Fla. 1st DCA 1979); Seuss v. State, 370 So. 2d 1203 (Fla. 1st DCA 1979). This, in addition to the officers’ coercive, [*849] threatening methods (see State v. Lanxon, 393 So. 2d 1194 (Fla. 3d DCA 1981)) and May’s lack of authority to consent to the…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Villari v. State, 372 So. 2d 522 (Fla. 1st DCA 1979)
- Rose v. State, 369 So. 2d 447 (Fla. 1st DCA 1979)
- Seuss v. State, 370 So. 2d 1203 (Fla. 1st DCA 1979)