ROBERT ALLEN MORSE, PETITIONER,

v.

JAMES R. MCDONOUGH, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, RESPONDENT

Citator

Cited By

• Johnson v. State, 995 So. 2d 1011 (Fla. 1st DCA 2008)
  …consent will be found voluntary “only if there is clear and convincing proof of an unequivocal break in the chain of illegality sufficient to dissipate the taint of prior official illegal action.” Norman, 379 So. 2d at 647; see also Davis v. State, 946 So. 2d 575, 578 (Fla. 1st DCA 2006) (stating where an appellant’s consent to search occurs immediately after an unlawful seizure, there must be a break sufficient to dissipate the taint of the seizure for the consent to be valid). The instant case presents a…
• Thomas v. State, 127 So. 3d 658 (Fla. 1st DCA 2013)
  …invalid despite trial judge’s ruling otherwise based on express advisement that consent could be withheld). We have repeatedly ruled consent less than voluntary where it was obtained shortly after illegal police action occurred. See Davis v. State, 946 So. 2d 575, 578 (Fla. 1st DCA 2006) (consent “occurred immediately after the claimed seizure”); Phuagnong v. State, 714 So. 2d 527, 533 (Fla. 1st DCA 1998) (consent obtained [*665] “only minutes later” than illegal search and arrest).11 In the present case, t…
• Oliver v. State, 157 So. 3d 495 (Fla. 5th DCA 2015)
  …routine. The K-9 officer’s need to watch the dog perform the search rather than watch the occupants of the car was obviated by the other officer’s presence. A number of courts have addressed analogous circumstances. For example, in Davis v. State, 946 So. 2d 575, 577 (Fla. 1st DCA 2006), a sheriffs deputy “asked” Davis to exit the car in which he was a passenger and put his hands on the car’s roof. The court found that, while the initial encounter was valid, ordering Davis to place his hands on the car conv…