Legal Opinion

V.H. v. State

District Court of Appeal of Florida

Decided June 10, 2005No. 2D04-3712PublishedCited by 7 opinions

1Opinion of the Court

KELLY, Judge.

V.H. challenges his adjudication of delinquency for possession of cocaine and possession of cannabis. He entered a no contest plea to the charges, specifically reserving the right to appeal the denial of his dispositive motion to suppress. We *322agree with V.H. that the police had no probable cause to search him and that the State failed to prove that he consented to the search. Accordingly, we reverse.

Generally, warrantless searches or seizures are per se unreasonable unless the search or seizure falls within an exception to the warrant requirement, one of which is consent. Smith…

2Cases cited4 opinions

  1. Robinson v. StateDistrict Court of Appeal of Florida · 1980
  2. Smith v. StateDistrict Court of Appeal of Florida · 2000
  3. Thompson v. StateDistrict Court of Appeal of Florida · 1990
  4. State v. KassidyDistrict Court of Appeal of Florida · 1986

3Cited by7 opinions

  1. Robinson v. StateDistrict Court of Appeal of Florida · 2008
  2. State v. MoningerDistrict Court of Appeal of Florida · 2007
  3. K.W. v. StateDistrict Court of Appeal of Florida · 2015
  4. Wynn v. StateDistrict Court of Appeal of Florida · 2009
  5. Ballenger v. StateDistrict Court of Appeal of Florida · 2009

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