Legal Opinion

In re Forfeiture of $21,650.00

Circuit Court for the Judicial Circuits of Florida

Decided June 20, 1990No. Case No. 89-18429 (22)Published

1Opinion of the Court

OPINION OF THE COURT

ROBERT C. SCOTT, Circuit Judge.

ORDER DENYING MOTION TO SUPPRESS

This Cause came to be heard upon the Claimant’s Motion to Suppress. Upon the evidence presented, the court finds and determines as follows:

*2251. Where a motion to suppress an illegal search is at issue, the burden is on the moving party to make an initial showing that the search was invalid. When such a showing is made, the burden shifts to the State. This effectively places the ultimate burden of proof as to the validity of a warrantless search on the State. See Black v State, 383 So.2d 295 (Fla. 1st DCA 1980);…

2Cases cited13 opinions

  1. Schneckloth v. BustamonteSupreme Court of the United States · 1973
  2. Florida v. RoyerSupreme Court of the United States · 1983
  3. United States v. MendenhallSupreme Court of the United States · 1980
  4. Norman v. StateSupreme Court of Florida · 1980
  5. Bostick v. StateSupreme Court of Florida · 1989

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