K.W. v. State

K.W., a minor, appeals the trial court’s denial of his motion to suppress the evidence discovered in his book bag during a warrantless search conducted by Deputy Sheriff Garner. Under those circumstances, the burden is on the State to prove that Appellant gave the deputy unequivocal, voluntary consent to search his book bag.1 Appellant never gave any verbal response to the deputy’s several requests for permission to search his bag. The State contends that Appellant gave nonverbal consent by stepping back from the bag, looking around and away from the deputies, and giving what was described as…