State v. Favaloro, 82-141
Decision Date | 07 December 1982 |
Docket Number | No. 82-141,82-141 |
Parties | The STATE of Florida, Appellant, v. David Andrew FAVALORO, Appellee. |
Court | Florida District Court of Appeals |
Jim Smith, Atty. Gen., and Calianne P. Lantz, Asst. Atty. Gen., for appellant.
Weiner, Robbins, Tunkey & Ross and Geoffrey C. Fleck and Richard A. Sharpstein, Miami, for appellee.
Before HENDRY, FERGUSON and JORGENSON, JJ.
After an assessment of the totality of the circumstances, Royer v. State, 389 So.2d 1007 (Fla. 3d DCA 1980); Taylor v. State, 355 So.2d 180 (Fla. 3d DCA 1978), the trial court determined that appellee's consent to a search was not voluntary, but instead was induced by an implied promise that he would not be prosecuted. Bram v. United States, 168 U.S. 532, 18 S.Ct. 183, 42 L.Ed.2d 568 (1897) [ ]; Frazier v. State, 107 So.2d 16 (Fla.1958) [ ]; Foreman v. State, 400 So.2d 1047 (Fla. 1st DCA 1981) [ ]; Hawthorne v. State, 377 So.2d 780 (Fla. 1st DCA 1979) [ ]; Fillinger v. State, 349 So.2d 714 (Fla. 2d DCA 1977) [ ]; cf. Shotwell Mfg. Co. v. United States, 371 U.S. 341, 83 S.Ct. 448, 9 L.Ed.2d 357, reh. denied, 372 U.S. 950, 83 S.Ct. 931, 9 L.Ed.2d 975 (1963) [ ]. Findings made by a trial judge on a motion to suppress must be accepted, where as here the record reveals evidence to support the findings. State v. Battleman, 374 So.2d 636 (Fla. 3d DCA 1979).
Affirmed.
I see no difference between the facts presented here and those presented in United States v. Setzer, 654 F.2d 354 (5th Cir.1981). While it is true that we are bound by the factual findings made by the trial judge during the course of the motion to suppress, we are not bound by the legal conclusions drawn from those facts. State v. Riocabo, 372 So.2d 126 (Fla. 3d DCA), dismissed, 378 So.2d 348 (Fla.1979).
In my view the inculpatory statement, i.e., the admission by the defendant that he possessed a quantity of contraband, furnished probable cause for his arrest, subsequent search and the lawful seizure of one-half pound of cocaine.
I would,...
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