Legal Opinion · Dissent

Woods v. State

District Court of Appeal of Florida

Decided January 14, 2005No. 5D03-183Published

1DissentPleus, J.

I dissent. Given the totality of the circumstances, there was no violation of the Fourth Amendment. The deputy’s request of Woods to remove the contents of his pockets was justified. His response was voluntary. There was no illegal detention which tainted the consent.

Trial judges should be accorded great deference in evaluating the testimony given at a suppression hearing. The majority has ignored deference and reweighed the evidence. The trial court correctly analyzed the law and properly applied the law to the facts as demonstrated by the following excerpt from the bench at the hearing:

[Tjhe…

2Cases cited2 opinions

  1. State v. JohnsonDistrict Court of Appeal of Florida · 1997
  2. Walls v. StateDistrict Court of Appeal of Florida · 2002

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