Legal Opinion · Concurrence

Davis v. State

District Court of Appeal of Florida

Decided March 27, 1991No. 89-1914Published

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

  1. Florida v. WellsSupreme Court of the United States · 1990
  2. State v. WellsSupreme Court of Florida · 1989
  3. United States v. Oswald G. Blake, Leonard EasonCourt of Appeals for the Eleventh Circuit · 1989
  4. State v. ThomasDistrict Court of Appeal of Florida · 1988

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