JIMMY STUART BOWEN, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Johnson v. State, 995 So. 2d 1011 (Fla. 1st DCA 2008)
  …ndant’s consent is elicited following an illegal detainment as “the unlawful police action presumptively taints and renders involuntary any consent to search.” Norman v. State, 379 So. 2d 643, 646-647 (Fla.1980); see also Alvarez v. City of Hialeah, 900 So. 2d 761, 768 (Fla. 3d DCA 2005). In such circumstances, consent will be found voluntary “only if there is clear and convincing proof of an unequivocal break in the chain of illegality sufficient to dissipate the taint of prior official illegal action.” Norm…
• Zenaida Gomez v. Vill. OF Pinecrest, 17 So. 3d 322 (Fla. 3d DCA 2009)
  …he Act. As our resolution of this issue requires us to interpret statutory provisions of the Act, our standard of review is de novo. See Velez v. Miami-Dade County Police Dep't, 934 So. 2d 1162, 1164 (Fla.2006); see also Alvarez v. City of Hialeah, 900 So. 2d 761, 765 (Fla. 3d DCA 2005) (“Our standard of review of an order finding probable cause after an adversarial preliminary hearing, under the Florida Contraband Forfeiture Act, is de novo.”). Section 932.703(1)(a) provides that “[a]ny contraband article,…
• In re Forfeiture OF: 1999 Dodge Intrepid v. Sheriff Grady Judd, 934 So. 2d 669 (Fla. 2d DCA 2006)
  …vania, 380 U.S. 693, 85 S.Ct. 1246, 14 L.Ed.2d 170 (1965). Specifically, evidence obtained in violation of the Fourth Amendment must be excluded from the probable cause determination at an adversarial preliminary hearing. Alvarez v. City of Hialeah, 900 So. 2d 761, 765 (Fla. 3d DCA 2005) (“[Wjhere the claimants raised a Fourth Amendment challenge to the stop of the vehicle, that issue must be addressed first and independently of the question of whether there is a nexus between the seized currency and unlawful…

Authorities Cited

• Cook v. State, 816 So. 2d 773 (Fla. 2d DCA 2002)