STATE OF FLORIDA, APPELLANT,
v.
PAUL D. EDWARDS, APPELLEE
PER CURIAM.
AFFIRMED. This is an appeal involving the alleged consent search of a bus passenger in a manner similar, to that involved in State v. Avery, 531 So. 2d 182 (Fla. 4th DCA 1988). However, unlike Avery, the trial court here also made a specific factual finding based upon the conflicting testimony of the appellee and the police officers that the appellee did not voluntarily consent to a search of his luggage. We affirm the trial court’s ruling that the search was illegal based upon its resolution of the factual issue as to whether consent was given. See Denehy v. State, 400 So. 2d 1216 (Fla.1980).
ANSTEAD, LETTS and WALDEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (21 total)
-
Amendments to the Florida Rules of Appellate Procedure, 685 So. 2d 773 (Fla. 1996)…rter, cite to Florida Law Weekly: Traylor v. State, 17 Fla.L.Weekly S42 (Fla. Jan. 16,1992). If not therein, cite to the slip opinion: Traylor v. State, No. 70,051 (Fla. Jan. 15,1992). (b) Florida District Courts of Appeal. (1) Sotolongo v. State, 530 So. 2d 514 (Fla. 2d DCA 1988); Buncayo v. Dribin, 533 So. 2d 935 (Fla. 3d DCA 1988). (2) For recent opinions not yet published in Southern Reporter, cite to Florida Law Weekly: Myers v. State, 16 Fla.L.Weekly D1507 (Fla. 4th DCA June 5, 1991). If not therein,…
-
Power v. State, 605 So. 2d 856 (Fla. 1992)…cer Welty’s initial description of Power. We agree with the State, however, that even if the omitted information had been included, the affidavit would still have contained sufficient information to constitute probable cause. See Sotolongo v. State, 530 So. 2d 514, 516 (Fla. 2d DCA 1988). As to the photograph, Power has not alleged that the identification procedure was unnecessarily suggestive or that there was a substantial likelihood of misidentification. See Manson v. Brathwaite, 432 U.S. 98, 97 S.Ct. 2243…
-
In re Order on Prosecution of Criminal Appeals by the Tenth Judicial Circuit Public Defender, 561 So. 2d 1130 (Fla. 1990)…ng appeals "on behalf of any public defender within the district comprising the Second District Court of Appeal." . A prime example of this dilemma is provided by the cases of Tim v. State, 553 So. 2d 370 (Fla. 2d DCA 1989), and Sotolongo v. State, 530 So. 2d 514 (Fla. 2d DCA 1988). Tim and Sotolongo were codefendants in a trial on drug-related felony charges. The trial court denied their motions to suppress on December 3, 1986. A timely notice of appeal was filed for Tim on December 31, 1986, and the Public…
Previewing 3 of 21 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Denehy v. State, 400 So. 2d 1216 (Fla. 1980)
- State v. Avery, 531 So. 2d 182 (Fla. 4th DCA 1988)