¶1AFFIRMED. This is an appeal involving the alleged consent search of a bus passenger in a manner similar, to that involved in State v. Avery, 531 So.2d 182 (Fla. 4th DCA 1988). However, unlike Avery, the trial court here also made a specific factual finding based upon the conflicting testimony of the appellee and the police officers that the appellee did not voluntarily consent to a search of his luggage. We affirm the trial court’s ruling that the search was illegal based upon its resolution of the factual issue as to whether consent was given. See Denehy v. State, 400 So.2d 1216 (Fla.1980).
530 So. 2d 514
530 So.2d 514
13 Fla.L.Weekly 2086
State v. Edwards
District Court of Appeal of Florida
Decided September 7, 1988
District Court of Appeal of Florida · decided 1988-09-07
Relies on 400 So. 2d 1216 - Denehy v. State · State v. Avery
Good law ✅— No negative treatment on recordhow we know
Decided 1988-09-07
How this case has been cited
Cited by 22 later decisions — most recently October 2018
22 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
View the full empirical analysis of this case →