State v. Navarro

WALLACE, Judge.

The State appeals the circuit court’s order granting a motion to suppress evidence in favor of Mercedes Navarro and Oscar Ramon Oliva (the Appellees). Because the circuit court used the incorrect standard of proof in determining the vol-untariness of the consent search that resulted in the discovery of marijuana plants, we reverse the order and remand this case to the circuit court for reconsideration of the motion under the correct standard.

THE FACTS AND PROCEDURAL BACKGROUND

Hillsborough County sheriffs deputies found marijuana plants inside the Appel-lees’ residence during a…