TERRY PRYOR, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2006-02-22
No. 4D06-313
WARNER, KLEIN and MAY, JJ., concur.
924 So. 2d 868 Florida District Court of Appeal, Fourth District (2006) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. See Baker v. State, 904 So. 2d 505 (Fla. 4th DCA 2005).

WARNER, KLEIN and MAY, JJ., concur.


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  • Stevie R. Robinson v. State, 976 So. 2d 1229 (Fla. 2d DCA 2008)
    …ate, 820 So. 2d 1012, 1014 (Fla. 2d DCA 2002) (quoting Doctor v. State, 596 So. 2d 442, 445 (Fla.1992)). An officer’s mere suspicion that a person is carrying illegal drugs is insufficient to supply probable cause for a search. State v. Witherspoon, 924 So. 2d 868, 871 (Fla. 2d DCA 2006). Another manner to uphold a warrantless search of an individual is when there has been a voluntary consent to the search. V.H. v. State, 903 So. 2d 321, 322 (Fla. 2d DCA 2005). However, once an individual consents to a searc…
  • P.W. v. State, 965 So. 2d 1197 (Fla. 4th DCA 2007)
    …al encounter and did not change into an investigatory stop upon the officer asking P.W. for consent to conduct a pat down. “An officer need not have a reasonable suspicion of criminal activity before seeking consent to search.” State v. Witherspoon, 924 So. 2d 868, 871 (Fla. 2d DCA 2006); Blake v. State, 939 So. 2d 192, 195 (Fla. 5th DCA 2006) (“Officers may during consensual encounters ask for names and addresses, inquire about the defendant’s business, or request a consent to search.”); Florida v. Bostick,…
  • K.W. v. State, 183 So. 3d 1123 (Fla. 5th DCA 2015)
    …8. “An officer may ask for consent to search during a consensual citizen encounter, and the officer need not have a reasonable suspicion of criminal activity before seeking consent to search.” Bell, 122 So. 3d at 426 (quoting [State v.] Witherspoon, 924 So. 2d 868, 871 (Fla. 2d DCA 2006)). “When the validity of a search rests on consent the state must demonstrate that such consent was unequivocally given, and not merely deference to the apparent authority of the police.” Thompson v. State, 555 So. 2d 970, 971…

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