FRED A. MCDOWELL, PETITIONER,

v.

KIM E. MCDOWELL, RESPONDENT

Citator

Cited By

• Kutzorik v. State, 891 So. 2d 645 (Fla. 2d DCA 2005)
  …*649] and convincing proof that there was an unequivocal break in the chain of illegality sufficient to dissipate the taint of the law enforcement’s prior illegal activity. Faulkner v. State, 834 So. 2d 400, 403 (Fla. 2d DCA 2003); Findley v. State, 771 So. 2d 1235, 1237 (Fla. 2d DCA 2000). None of the evidence about what happened at Kut-zorik’s home could prove such a break in the chain. The search of Kutzorik’s home was illegal and the contraband was illegally seized. As such, it must be suppressed. We reve…
• Vasquez v. State, 870 So. 2d 26 (Fla. 2d DCA 2003)
  …tion, the State must show by clear and convincing evidence that there was an unequivocal break in the chain of any illegality resulting from the protective sweep. [*32] See Faulkner v. State, 834 So. 2d 400, 403 (Fla. 2d DCA 2003); Findley v. State, 771 So. 2d 1235, 1237 (Fla. 2d DCA 2000). The circuit court’s order denying the motion to suppress relied primarily upon its finding that the protective sweep was lawful. As a result, the circuit court did not consider the subsequent events and whether there was a…
• Green v. State, 831 So. 2d 1243 (Fla. 2d DCA 2002)
  …in of illegality, the statements and the consent were involuntary. As a result, the evidence that was gathered was tainted and the motion to suppress should have been granted. See Norman v. State, 379 So. 2d 643, 646-47 (Fla.1980); Findley v. State, 771 So. 2d 1235, 1237 (Fla. 2d DCA 2000). Because of the illegal searches of Green and the car, we reverse the denial of Green’s motion to suppress and the resulting judgments and sentences. We remand with directions that Green be discharged. Reversed and remande…

Authorities Cited

• Kaylor v. Anne H. Kaylor, 488 So. 2d 893 (Fla. 2d DCA 1986)