LUIS TORRES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
LUIS TORRES, APPELLANT,
STATE OF FLORIDA, APPELLEE
80 So. 3d 416
Florida District Court of Appeal, First District (2012)
Positive Treatment
Cited by 1 case
Opinion of the Court
ON MOTION FOR REHEARING OR CLARIFICATION
Upon consideration of Appellant’s Motion for Rehearing/Clarification, we grant the requested clarification. Accordingly, the opinion issued on December 8, 2011, is withdrawn, and the following opinion is substituted in its place.
AFFIRMED. See Flagg v. State, 74 So.3d 138 (Fla. 1st DCA 2011).
THOMAS, MARSTILLER and RAY, JJ., concur.
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Citator
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Henderson v. State, 149 So. 3d 61 (Fla. 4th DCA 2014)…hose facts is reviewed de novo. Id. “A warrantless search is per se unreasonable under the Fourth Amendment. . However, a search will be considered lawful if conducted pursuant to consent which was given freely and voluntarily.” Hernandez v. State, 80 So. 3d 416, 419 (Fla. 4th DCA 2012) (citations omitted). Whether a consent is voluntary is a question of fact to be determined from the totality of the circumstances. Reynolds v. State, 592 So. 2d 1082, 1086 (Fla.1992). “Those circumstances include whether the…
Authorities Cited
- Flagg v. State, 74 So. 3d 138 (Fla. 1st DCA 2011)
- Holmes v. State, 74 So. 3d 138 (Fla. 1st DCA 2011)