Legal Opinion

Restrepo v. State

District Court of Appeal of Florida

Decided October 10, 1983No. 82-1855PublishedCited by 14 opinions

1Opinion of the Court

438 So.2d 76 (1983)

Carlos Arthur RESTREPO, Appellant,

v.

The STATE of Florida, Appellee.

No. 82-1855.

District Court of Appeal of Florida, Third District.

September 6, 1983.

As Clarified October 10, 1983.

Bennett H. Brummer, Public Defender and Carin Kahgan, Sp. Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Michael J. Neimand, Asst. Atty. Gen., for appellee.

Before HUBBART and DANIEL S. PEARSON and FERGUSON, JJ.

FERGUSON, Judge.

We hold that the state failed to show by clear and convincing evidence that the defendant freely and voluntarily consented to a warrantless search.

Defendant…

2Cases cited8 opinions

  1. Schneckloth v. BustamonteSupreme Court of the United States · 1973
  2. Norman v. StateSupreme Court of Florida · 1980
  3. Bailey v. StateSupreme Court of Florida · 1975
  4. United States v. Wai LauCourt of Appeals for the Second Circuit · 1964
  5. Rosell v. StateDistrict Court of Appeal of Florida · 1983

3 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. State v. Valencia OlayaNew Mexico Court of Appeals · 1987
  2. State v. FuksmanDistrict Court of Appeal of Florida · 1985
  3. Balthazar v. StateSupreme Court of Florida · 1989
  4. Dormezil v. StateDistrict Court of Appeal of Florida · 2000
  5. Urioso v. StateCourt of Criminal Appeals of Alabama · 2005

9 more not listed; retrieve them via the Exa API.

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