Florida DUI Criminal Defense Lawyer in Tampa recently found a decision on c
onsent to search during a traffic Stop. A
Florida District Court found that a
Search and seizure after
Consent was valid. The court found the defendant raised his hands over his head and spread his feet in response to officer's question - Whether he could check to see if defendant had anything illegal on him? The defendant consented to a search when officer again asked to search him a second time. Actions showed defendant's consent to search of his person .
The court rejected a claim that the search was involuntary, even though the defendant was searched during a traffic stop. Even though the defendant was asked to talk to the officer near the officer's car, that was insufficient to support a finding that consent was involuntary. The trial court had granted a motion to suppress. The appeals court reversed the suppression Order. Under theses facts, consent was not acquiescence to police authority.
Source: 35 Fla. L. Weekly D1096a
Florida Criminal Defense Attorney Lawyer Consent Search
