DAMICELA IGLESIAS TORRALBA
v.
STATE OF FLORIDA
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Consent to search was valid where the appellant's actions and words demonstrated voluntary consent under the totality of circumstances, with no evidence of coercion or vulnerability.
[1] Consent to search may be established through conduct, gestures, or words, and the validity of consent is determined by the totality of circumstances, including the absenc…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“[T]he totality of the circumstances controls in cases involving the Fourth Amendment.”
State v. Baez, 894 So. 2d 115, 117 (Fla. 2004), cited for the governing standard in Fourth Amendment consent analysis.
The appellant was involved in multiple criminal proceedings (five lower tribunal numbers spanning 2019-2023) in Miami-Dade County. The trial court fou…
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Third District Court of Appeal State of Florida
Opinion filed November 5, 2025. Not final until disposition of timely filed motion for rehearing.
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No. 3D24-1103 Lower Tribunal Nos. F19-15745, F19-23949, F20-12435, F21-13392,
F23-16943
________________
Damicela Iglesias Torralba, Appellant,
vs.
State of Florida, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Laura Shearon Cruz, Judge.
Carlos J. Martinez, Public Defender, and Jennifer Thornton, Assistant Public Defender, for appellant.
James Uthmeier, Attorney General, and Haccord J. Curry, Assistant Attorney General, for appellee.
Before FERNANDEZ, MILLER, and GOODEN, JJ.
PER CURIAM.
2 Affirmed. See Black v. State, 59 So. 3d 340, 344 (Fla. 4th DCA 2011) (“[W]e review the trial court's findings that are based on hearing each [officer]’s live testimony under the ordinary ‘competent and substantial evidence’ standard. However, to the extent that the trial court’s findings are based on viewing the [bodycam footage], which this court of course has also viewed, we utilize a much less deferential standard.”); Hall v. State, 414 So. 3d 345, 348 (Fla. 5th DCA 2025) (“We have reviewed the video evidence, and we conclude that [a]ppellant’s actions resolved any arguable ambiguity in h[er] spoken words and established consent . . . .”); State v. Baez, 894 So. 2d 115, 117 (Fla. 2004) (“[T]he totality of the circumstances controls in cases involving the Fourth Amendment.”); State v. Gamez, 34 So. 3d 245, 247–49 (Fla. 2d DCA 2010) (“Consent to search may be in the form of conduct, gestures, or words. . . . [T]here was no evidence that [appellant] suffered from a vulnerable, subjective state, caused by a mental condition, age, intelligence, or education. We also note that there was no evidence of a coercive circumstance or any coercive conduct by [the officers], such as a show of force, threatening conduct, a prolonged detention, or deception.” (internal citations omitted)); State v. Ojeda, 147 So. 3d 53, 58 (Fla. 3d DCA 2014) (“[Appellant] volunteered to ‘cooperate with whatever [she was] asked.’ [Officer Rivera] then asked h[er] to sign the consent form.
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