THE STATE OF FLORIDA, APPELLANT,
v.
LANCE PARSONS, APPELLEE
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The appellate court held that the defendant's consent to search was voluntary, despite the officers' statement that they would seek a warrant if consent was not given.
After being arrested, the defendant was informed he could refuse a search of his bag but that police would seek a warrant if he refused. He then signe…
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BARKDULL, Judge.
After the defendant was arrested, he was informed that he did not have to give con sent to a search of his bag at Miami International Airport, but if he did not give his consent the police officers would attempt to secure a search warrant. Thereafter, the defendant executed a written consent form to search a bag which had been checked in connection with an airplane flight, to which bag the defendant held a claim check. The search resulted in the discovery of narcotics paraphernalia and contraband in the bag. A subsequent search of the defendant revealed contraband on his person.
The trial court granted a motion to suppress the tangible evidence, based upon a finding of no probable cause to arrest the defendant and, therefore, the consent was tainted under the reasoning of Bailey v. State, 319 So. 2d 22 (Fla.1975); Taylor v. State, 355 So. 2d 180 (Fla.3d DCA 1978); State v. Frost, 374 So. 2d 593 (Fla.3d DCA 1978); United States v. Jones, 475 F. 2d 723 (5th Cir. 1973).
We reverse as to all that occurred after the execution of the waiver and find that same was voluntarily signed. Husted v. State, 370 So. 2d 853 (Fla.3d DCA 1979); State v. Champion, 383 So. 2d 984 (Fla.4th DCA 1980); Bretti v. Wainwright, 439 F. 2d 1042 (5th Cir. 1971), cert. denied, 404 U.S. 943, 92 S.Ct. 293, 30 L.Ed.2d 257 (1971). The defendant was told he did not have to execute the waiver. Compare State v. Cobb, 243 S.E. 2d 759 (N.C.1978).
Therefore, the order granting the motion to suppress is reversed and this cause is remanded for further proceedings in light of this opinion.
Reversed and remanded, with directions.
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Major v. State, 389 So. 2d 1203 (Fla. 3d DCA 1980)…ate, 370 So. 2d 853 (Fla. 3d DCA 1979), he was told he had a right to refuse to agree dissipated the presumption that any subsequent consent was involuntary. See, Norman v. State, supra; compare Royer v. State, supra, at 1020, with State v. Parsons, 389 So. 2d 1207 (Fla. 3d DCA 1980). We do not reach these issues because of our conclusion that the defendant gave no consent at all-voluntary or involuntary-to the search in question.…
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State v. Errol Henry, 390 So. 2d 92 (Fla. 3d DCA 1980)…decision because it is the undisputed testimony of the police officers that the defendant freely and voluntarily consented to a search of his luggage after having been advised of his right to refuse permission for the search. See, State v. Parsons, 389 So. 2d 1207 (Fla.3d DCA 1980); State v. Champion, 383 So. 2d 984 (Fla. 4th DCA 1980); compare, Royer v. State, 389 So. 2d 1007 (Fla.3d DCA 1980). There is no evidentiary basis for the trial judge’s finding that the search was unlawful, and we must conclude tha…
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McGRATH v. State, 396 So. 2d 211 (Fla. 3d DCA 1981)…PER CURIAM. Affirmed. State v. Nova, 361 So. 2d 411 (Fla.1978); Robertson v. State, 94 Fla. 770, 114 So. 534 (1927); State v. Henry, 390 So. 2d 92 (Fla. 3d DCA 1980); State v. Parsons, 389 So. 2d 1207 (Fla. 3d DCA 1980); Husted v. State, 370 So. 2d 853 (Fla. 3d DCA 1979); Wilson v. Renfroe, 91 So. 2d 857 (Fla. 1956); State ex rel. Sagonias v. Bird, 67 So. 2d 678 (Fla.1953); United States v. Serrano, 607 F. 2d 1145 (5th Cir. 1979), cert. denied, 4…
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
- Bailey v. State, 319 So. 2d 22 (Fla. 1975)
- Taylor v. State, 355 So. 2d 180 (Fla. 3d DCA 1978)
- Husted v. State, 370 So. 2d 853 (Fla. 3d DCA 1979)
- Chalk v. United States, 404 U.S. 943 (U.S. 1971)
- Harvin v. United States, 404 U.S. 943 (U.S. 1971)
- United States v. Jones, 475 F.2d 723 (5th Cir. 1973)
- State v. Frost, 374 So. 2d 593 (Fla. 3d DCA 1979)
- Bretti v. Louie L. Wainwright, 439 F.2d 1042 (5th Cir. 1971)
- State v. Champion, 383 So. 2d 984 (Fla. 4th DCA 1980)