CYNTHIA VALENCIC, PETITIONER,

v.

DEPARTMENT OF ENVIRONMENTAL PROTECTION AND SARASOTA COUNTY UTILITIES, RESPONDENTS

Citator

Cited By (12 total)

• Luna-Martinez v. State, 984 So. 2d 592 (Fla. 2d DCA 2008)
  …e door had no erosive effect on the consent to enter or the consent to search.”). The number of officers involved in an encounter may well have a significant bearing on the voluntariness of a consent obtained in that encounter. See Miller v. State, 865 So. 2d 584 (Fla. 5th DCA 2004). An individual confronted by a large number of officers may be more likely to conclude that he lacks the freedom to decline their requests. That does not mean, however, that there is a necessary correlation between the number of…
• McDONNELL v. State, 981 So. 2d 585 (Fla. 1st DCA 2008)
  …was voluntary or whether it was given after a defendant had been seized by a show of authority: (1) the time and place of the encounter; (2) the number of officers present; and (3) the officers’ words and actions. Id. at 647 (citing Miller v. State, 865 So. 2d 584, 587 (Fla. 5th DCA 2004)). In that case, at least three uniformed police officers knocked on a door at 10 p.m. and asked permission to come inside to speak with the occupant. Id. at 646. Once inside the officers asked to look around and were granted…

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• State v. Eudenis Triana, 979 So. 2d 1039 (Fla. 3d DCA 2008)
  …ividual's home and found that under the “totality of the circumstances ... a reasonable person in Taylor’s position would have felt free to leave or terminate the encounter.” Id. at 15. Triana, as well as the trial court, relied on Miller v. State, 865 So. 2d 584 (Fla. 5th DCA 2004), for the proposition that Mr. Triana’s meeting with police constituted a seizure. However, we find Miller to be entirely distinguishable. For example, in Miller, the Fifth District found the “most significant factor” to be the wo…

Authorities Cited

• Env't Confederation OF Sw. Fla., Inc. v. IMC Phosphates, Inc., 857 So. 2d 207 (Fla. 1st DCA 2003)
• Humana OF Fla., Inc. v. Dep't OF Health & Rehabilitative Servs., 500 So. 2d 186 (Fla. 1st DCA 1986)
• Colucci v. Greenfield, 547 So. 2d 224 (Fla. 3d DCA 1989)