HYDE PARK CONDOMINIUM ASSOCIATION, AN UNINCORPORATED ASSOCIATION, APPELLANT,

v.

LEE COUNTY BANK, TRUSTEE, APPELLEE

Citator

Cited By

• Alvarez v. State, 515 So. 2d 286 (Fla. 4th DCA 1987)
  …d at 864. Relevant, although not controlling, circumstances include a person’s awareness of the right to refuse consent and the reasonable likelihood of a person consenting to a search that the person knows will reveal contraband. See Racz v. State, 486 So. 2d 3 (Fla. 4th DCA 1986). Absent any improper police conduct prior to securing an alleged consent, the consent issue should be determined by the greater weight of the evidence presented to the trial court. However, consent purportedly obtained after pri…
• Elsleger v. State, 503 So. 2d 1367 (Fla. 4th DCA 1987)
  …nd convincing evidence. Appellant contends that the clear and convincing standard is applicable in the present case, citing Jordan v. State, 384 So. 2d 277 (Fla. 4th DCA 1980); Leonard v. State, 431 So. 2d 614 (Fla. 4th DCA 1983), and Racz v. State, 486 So. 2d 3 (Fla. 4th DCA 1986). In Jordan, this court stated: A search is valid if consent thereto is freely and voluntarily given. Jackson v. State, 132 So. 2d 596 (Fla.1961). When the state relies upon consent to validate a warrantless search, the quality…
• Pastor v. State, 498 So. 2d 962 (Fla. 4th DCA 1986)
  …pulled out of the station at this time, and Pastor would have been able to board it if the search had not uncovered narcotics. Although this court has stated that “claims of voluntary consent to search should be closely scrutinized,” Racz v. State, 486 So. 2d 3, 4 (Fla. 4th DCA 1986), it is well-established that a lawful search can be properly based on voluntary consent. The competing interests involved where po [*964] lice officers request permission to search were clearly delineated in Schneckloth v. Bus…

Authorities Cited

• Stivler v. Broward Cnty. Sch. Bd., 486 So. 2d 1 (Fla. 4th DCA 1985)