DONALD WOODS, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (25 total)

• Cote v. State, 14 So. 3d 1137 (Fla. 4th DCA 2009)
  …to disputed facts and all reasonable inferences and deductions drawn from them. Pagan v. State, 830 So. 2d 792 (Fla.2002). Conversely, the trial court’s application of the law to the facts is reviewed under the de novo standard. Phuagnong v. State, 714 So. 2d 527 (Fla. 1st DCA 1998). The dispositive issue in this case is whether exigent circumstances existed to establish an exception to the search warrant requirement. This is a mixed question of law and facts and should be reviewed under the de novo standard…
• Murphy v. State, 898 So. 2d 1031 (Fla. 5th DCA 2005)
  …eductions drawn from them. See Pagan v. State, 830 So. 2d 792 (Fla.2002); Morris v. State, 749 So. 2d 590 (Fla. 5th DCA 2000). However, the trial court’s application of the law to the facts is reviewed under the de novo standard. Phuagnong v. State, 714 So. 2d 527 (Fla. 1st DCA 1998). The Fourth Amendment to the United States Constitution and article 1, section 12 of the Florida Constitution guarantee the right to be free from unreasonable searches and seizures, in a constitutionally protected place; ie., he…
• Smith v. State, 753 So. 2d 713 (Fla. 2d DCA 2000)
  …constitutional exceptions, one of which is consent. See Schneckloth v. Bustamante, 412 U.S. 218, 93 S.Ct. 2041, 36 L.Ed.2d 854 (1973). After the government first shows that the suspect gave law enforcement consent to search, see Phuagnong v. State, 714 So. 2d 527, 531 (Fla. 1st DCA 1998), it must next prove that the consent was voluntary, an act of free will and not mere acquiescence to police authority. See Florida v. Royer, 460 U.S. 491, 103 S.Ct. 1319, 75 L.Ed.2d 229 (1983). Consent is not lightly to be i…

Authorities Cited

• Fagundo v. State, 667 So. 2d 476 (Fla. 3d DCA 1996)
• Sigifredo Benitez v. State, 667 So. 2d 476 (Fla. 3d DCA 1996)