TED A. POLLARD, JR., PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• Martin v. State, 107 So. 3d 281 (Fla. 2012)
  …urt reversed a denial of a motion to suppress a confession in part because the investigator had made the limits of his authority in the process unclear, which added the “unrealistic hope” that the defendant would receive the investigator’s help. See 29 So. 3d 1178, 1182 (Fla. 4th DCA 2010). It was this lack of explanation, coupled with comments implying that the interrogating detective had “significant authority” in the judicial process, which led the Day court to conclude that the confession was induced by i…

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• Dermio v. State, 112 So. 3d 551 (Fla. 2d DCA 2013)
  …0 So. 2d 848, 851 (Fla. 2d DCA 2007). Thus where an officer offers to “help” or “fix things” without clarification on the limits of the officer’s authority, courts have found that a defendant’s resulting confession was involuntary. See Day v. State, 29 So. 3d 1178, 1181 (Fla. 4th DCA 2010); Ramirez v. State, 15 So. 3d 852, 856 (Fla. 1st DCA 2009). But here, the detective testified that while she told Dermio that she would speak for him at his sentencing hearing and “do what she c[ould],” she could “not make…
• Clive Gentles v. State, 50 So. 3d 1192 (Fla. 4th DCA 2010)
  …to the appellate court clothed with a presumption of correctness and the court must interpret the evidence and reasonable inferences and deductions derived therefrom in a manner most favorable to sustaining the trial court’s ruling.’ ” Day v. State, 29 So. 3d 1178, 1179 (Fla. 4th DCA 2010) (quoting Tenghergen v. State, 9 So. 3d 729, 733 (Fla. 4th DCA 2009)). The Fourth Amendment to the United States Constitution and Article I, Section 12 of the Florida Constitution protect against unreasonable searches and s…