Legal Opinion

Gonzalez v. State

District Court of Appeal of Florida

Decided March 9, 2011No. 4D09-3648PublishedCited by 5 opinions

1Opinion of the CourtTaylor, J.

In this appeal from the denial of a motion to suppress evidence, the defendant contends that the trial court erred in finding that he voluntarily consented to a search of his home because he was handcuffed on the- ground when the police officer obtained his consent. We find no error in the trial court’s ruling that the defendant’s consent was voluntary, rather than mere acquiescence to police authority, based on the totality of circumstances, and affirm denial of defendant’s motion to suppress.

The defendant entered a plea of no contest to trafficking in cannabis and possession of drug…

Also in this document: Concurrence.

2Cases cited34 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. Florida v. BostickSupreme Court of the United States · 1991
  5. United States v. WatsonSupreme Court of the United States · 1975

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3Cited by5 opinions

  1. Peraza v. StateDistrict Court of Appeal of Florida · 2011
  2. State v. LewisDistrict Court of Appeal of Florida · 2012
  3. James M. Bryant v. State of FloridaDistrict Court of Appeal of Florida · 2019
  4. Jermaine Henderson v. StateDistrict Court of Appeal of Florida · 2014
  5. Stinson v. StateDistrict Court of Appeal of Florida · 2013

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