Florida District Courts of Appeal, 2000

State v. Jasmin

State v. Jasmin
Florida District Courts of Appeal · Decided October 6, 2000 · Ervin, Kahn, Miner
769 So. 2d 456; 2000 Fla. App. LEXIS 13051; 2000 WL 1531721 (Southern Reporter, Second Series)

State v. Jasmin

Opinion of the Court

KAHN, J.

We affirm the trial court’s order suppressing the evidence in this case. “Whether a suspect voluntarily consents to a search is a question of fact to be determined by the totality of the circumstances.” Davis v. State, 594 So.2d 264, 266 (Fla. 1992). “[T]he determination of whether the consent to a search was voluntary is a question for the trial judge and should not be disturbed on appeal unless the determination is clearly erroneous.” Id. Appellees have identified record evidence to support the trial court’s finding that no voluntary consent occurred in this case.

AFFIRMED.

ERVIN and MINER, JJ., CONCUR.

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