THE STATE OF FLORIDA, APPELLANT,
v.
BARBARA MORALES MARTINEZ, APPELLEE
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PER CURIAM.
We reverse the order suppressing the contraband found in an airport search of the defendant’s shoulder bag upon our conclusion that where, as here, the record indisputably reflects that the defendant was advised by the police of her right to withhold her consent to the search, the taint of the initial unlawful stop of the defendant (assuming, arguendo, one occurred) is dissipated, and the defendant’s otherwise free and voluntary consent to the search renders the search lawful, see State v. Henry, 390 So. 2d 92 (Fla. 3d DCA 1980); Husted v. State, 370 So. 2d 853 (Fla. 3d DCA 1979); accord, State v. Milwood, 430 So. 2d 563 (Fla. 3d DCA 1983); Jones v. State, 412 So. 2d 38 (Fla. 3d DCA 1982). The fact that the defendant was not advised of her right to withhold her consent when her consent was first sought does not change this result, since it is clear, as the defendant herself concedes, that such advice was given moments later and before any search took place.
Reversed.
Cases With Similar Vibessemantic neighbors from the corpus
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State v. Paul, 638 So. 2d 537 (Fla. 5th DCA 1994)…rily does so. Boyd; Gonzalez v. State, 578 So. 2d 729 (Fla. 3d DCA 1991); State v. Simm, 558 So. 2d 110 (Fla. 3d DCA 1990); Windes v. State, 547 So. 2d 346 (Fla. 3d DCA 1989); State v. Gribeiro, 513 So. 2d 1323 (Fla. 3d DCA 1987); State v. Martinez, 459 So. 2d 1062 (Fla. 3d DCA 1984); State v. Howard, 394 So. 2d 440 (Fla. 3d DCA 1981); State v. Champion, 383 So. 2d 984 (Fla. 4th DCA 1980). In this case, the trial judge was the fact finder. He heard the police officer’s testimony, which was the sole evidence p…1 / 2
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State v. Marcelino Gribeiro, 513 So. 2d 1323 (Fla. 3d DCA 1987)…taint which may arise from even an unlawful prior seizure of the defendant’s person is dissipated as a matter of law when he is advised of his constitutional right to refuse consent to search and nevertheless voluntarily does so. State v. Martinez, 459 So. 2d 1062 (Fla. 3d DCA 1984); State v. Milwood, 430 So. 2d 563 (Fla. 3d DCA 1983); State v. Howard, 394 So. 2d 440 (Fla. 3d DCA 1981); State v. Henry, 390 So. 2d 92 (Fla. 3d DCA 1980); State v. Champion, 383 So. 2d 984 (Fla. 4th DCA 1980); see also United Sta…
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State v. Butler, 520 So. 2d 325 (Fla. 3d DCA 1988)…sequently, the state argues, any taint which may have arisen from the unlawful stop was dissipated as a matter of law when defendant was informed of his constitutional right to refuse consent, yet voluntarily agreed to the search. State v. Martinez, 459 So. 2d 1062 (Fla. 3d DCA 1984); State v. Milwood, 430 So. 2d 563 (Fla. 3d DCA 1983); Husted v. State, 370 So. 2d 853 (Fla. 3d DCA 1979). Unlike the ample record provided in State v. Gribeiro, 513 So. 2d 1823, 1824 (Fla. 3d DCA 1987), which stated defendant “wa…
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
- Husted v. State, 370 So. 2d 853 (Fla. 3d DCA 1979)
- Poppe v. Poppe, 412 So. 2d 38 (Fla. 3d DCA 1982)
- Jones v. State, 412 So. 2d 38 (Fla. 3d DCA 1982)
- State v. Milwood, 430 So. 2d 563 (Fla. 3d DCA 1983)
- State v. Errol Henry, 390 So. 2d 92 (Fla. 3d DCA 1980)