SAMUEL SAPP, PETITIONER,

v.

WALTER A. MCNEIL, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, RESPONDENT

Citator

Cited By

• Tengbergen v. State, 9 So. 3d 729 (Fla. 4th DCA 2009)
  …court accords a presumption of correctness to the trial court’s ruling on motion to suppress with regard to the trial court’s determination of historical facts, but independently reviews mixed questions of law and fact. Id. See also Lindo v. State, 983 So. 2d 672, 675 (Fla. 4th DCA 2008). In Oregon v. Elstad, 470 U.S. 298, 105 S.Ct. 1285, 84 L.Ed.2d 222 (1985), the United States Supreme Court considered whether the initial failure of law enforcement officers to administer Miranda warnings taints subsequent…
• Luders Croissy v. State, 184 So. 3d 570 (Fla. 4th DCA 2016)
  …“Motions to suppress present mixed questions of law and fact, and generally come clothed with á presumption of correctness. Facts supported by competent, substantial evidence are accepted as true, but we review legal issues de novo.” Lindo v. State, 983 So. 2d 672, 675 (Fla. 4th DCA 2008) (internal citations omitted).2 The first level of a police-citizen encounter is a “consensual encounter and involves only minimal police contact.” [*574] Popple v. State, 626 So. 2d 185, 186 (Fla.1993). Here, the officer’s…

Authorities Cited

• Powell v. Fla. Dep't OF Corr. & Fla. Parole Comm'n, 727 So. 2d 1103 (Fla. 1st DCA 1999)