Husted v. State, 78-1830
Decision Date | 08 May 1979 |
Docket Number | No. 78-1830,78-1830 |
Parties | John Scott HUSTED, Appellant, v. The STATE of Florida, Appellee. |
Court | Florida District Court of Appeals |
Harvey Robbins, North Miami, John H. Lipinski, Miami, for appellant.
Jim Smith, Atty. Gen., and Calvin L. Fox, Asst. Atty. Gen., for appellee.
Before HAVERFIELD, C. J., and PEARSON and SCHWARTZ, JJ.
The defendant pled nolo contendere below, reserving the right to appeal the denial of his motion to suppress the marijuana which formed the basis of the charge against him. The contraband was seized by Dade County Public Safety Department officers at the Miami International Airport after Husted gave them permission to search his luggage. He contends here that his consent was irremedially "tainted" by the fact that it was given after, as he contends and as the trial judge found, the police unlawfully stopped him in the airport concourse. See Taylor v. State, 355 So.2d 180 (Fla. 3d DCA 1978), cert. denied, 361 So.2d 835 (Fla.1978) and cases cited.
We need not and specifically do not pass upon the issue of whether the stop of the defendant was under the circumstances in any way improper, 1 because the trial judge specifically found:
The factual conclusion that the officers specifically told Husted of his right to withhold his consent is fully supported by the record. State v. Nova, 361 So.2d 411 (Fla.1978); Rodriquez v. State, 189 So.2d 656 (Fla. 3d DCA 1966). And it is well-settled that the trier of fact may properly find that such a warning breaks the connection with any prior illegal police activity so as to render a subsequent consent un-"tainted," uncoerced, and truly voluntary in character. As the court said in Bretti v. Wainwright, 439 F.2d 1042, 1045, 1046 (5th Cir. 1971), cert. denied, 404 U.S. 943, 92 S.Ct. 293, 30 L.Ed.2d 257 (1971):
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Gonzalez v. State
...subsequent consent to search free and voluntary. See, e.g., State v. Gribeiro, 513 So.2d 1323, 1324 (Fla. 3d DCA 1987); Husted v. State, 370 So.2d 853 (Fla. 3d DCA 1979). There is no showing on this record that the defendant was ever given such advice prior to signing the consent form in th......
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Royer v. State
...tainted and involuntary. Bailey v. State, supra, 319 So.2d at 27-28; State v. Frost, supra. Unlike, for example, Husted v. State, 370 So.2d 853 (Fla. 3d DCA 1979) there was nothing to "break the chain" of presumptive coercion. The consent must therefore be deemed invalid as a matter of law.......
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State v. Frost, 78-843
...573 F.2d 913 (5th Cir. 1978); and there is admittedly nothing in this record to overcome that presumption. Compare Husted v. State, 370 So.2d 853 (Fla. 3d DCA 1979). The arrest which was based upon the discovery of the marijuana in the briefcase as well as the subsequent discovery of the la......
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Shapiro v. State, 54097
...At no time did the defendant consent to a search by the detective. Cf. Myles v. State, 374 So.2d 83 (Fla. 3d DCA 1979); Husted v. State, 370 So.2d 853 (3d DCA 1979). No contraband was in plain view. Coolidge v. New Hampshire, 403 U.S. 443, 91 S.Ct. 2022, 29 L.Ed.2d 564 (1971). The defendant......