A. JAY MULLINIX, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• State v. Gamez, 34 So. 3d 245 (Fla. 2d DCA 2010)
  …t, and told the sergeant that he could check him. The First District held that the appellant’s consent to search his person was freely and voluntarily given and was evidenced by his oral replies and his body language. Id. at 1152. Cf. Wynn v. State, 14 So. 3d 1094, 1096 (Fla. 2d DCA 2009) (holding that appellant did not unequivocally consent to a search when deputy asked him if he would mind if the contents of his pockets were removed, and appellant did not respond). In the present case, the facts were not i…
• K.W. v. State, 183 So. 3d 1123 (Fla. 5th DCA 2015)
  …apparent authority of the police.” Thompson v. State, 555 So. 2d 970, 971 (Fla. 2d DCA 1990) (citing Talavera v. State, 186 So. 2d 811, 814 (Fla. 2d DCA 1966)). Appellant had no obligation to protest or interfere with the search. See Wynn v. State, 14 So. 3d 1094, 1096 (Fla.2009) (finding no proof of unequivocal consent where defendant did not reply to deputy who asked if he could search defendant). During the subject encounter, Deputy Garner had indeed exercised some degree of authority over Appellant by qu…
• Hall v. State (Fla. 5th DCA 2025)

Authorities Cited

• Strickland v. Washington, 466 U.S. 668 (U.S. 1984)