Davis v. State
District Court of Appeal of Florida
1ConcurrenceStone, Judge
I concur separately to note that in Mene-field this court recognized that a simple consent to search, standing alone, does not include consent to a search of the genital area absent knowledge that such a personal intrusion is intended. The scope of consent is determined by examining the totality of the circumstances. Here, applying the standard of review recognized in Mene-field, where the officer went so far as to ask appellant if she would prefer to step into the ladies room so that she could be searched in private, I cannot say that the trial court ruling is “clearly erroneous.” However, I…
2Cases cited4 opinions
- Florida v. WellsSupreme Court of the United States · 1990
- State v. WellsSupreme Court of Florida · 1989
- United States v. Oswald G. Blake, Leonard EasonCourt of Appeals for the Eleventh Circuit · 1989
- State v. ThomasDistrict Court of Appeal of Florida · 1988