STEVENSON

v.

UNITED STATES

Citator

Cited By

• Rosell v. State, 433 So. 2d 1260 (Fla. 1st DCA 1983)
  …e case of an illiterate or [*1263] a foreigner who does not readily understand English. Kovach v. United States, 53 F. 2d 639 (6th Cir.1931); United States v. Wai Lau, 215 F.Supp. 684 (S.D.N.Y.1963), aff'd, 329 F. 2d 310 (2d Cir.1964), cert. denied, 379 U.S. 856, 85 S.Ct. 108, 13 L.Ed.2d 59 (1964). This burden may be overcome where an officer who speaks the same language as the defendant adequately informs the defendant that the search cannot be undertaken without his consent. See Garcia v. State, 186 So. 2…
• Restrepo v. State, 438 So. 2d 76 (Fla. 3d DCA 1983)
  …k and understand English, the government’s burden to show voluntary consent is heavier. Kovach v. United States, 53 F. 2d 639 (6th Cir.1931); United States v. Wai Lau, 215 F.Supp. 684 (S.D.N.Y.1963), aff’d, 329 F. 2d 310 (2d Cir.1964), cert. denied, 379 U.S. 856, 85 S.Ct. 108, 13 L.Ed.2d 59 (1964); Rosell v. State, 433 So. 2d at 1262 n. 1. “Where, considering the totality of the circumstances, the State is unable to prove voluntary consent as opposed to mere submission to apparent authority, the search will…
• Acosta v. State, 519 So. 2d 658 (Fla. 1st DCA 1988)
  …in the case of an illiterate or foreigner who does not readily understand English, see Kovach v. United States, 53 F. 2d 639 (6th Cir.1931); United States v. Wai Lau, 215 F.Supp. 684 (S.D.N. Y.1963), affd., 329 F. 2d 310 (2d Cir.1964), cert. denied, 379 U.S. 856, 85 S.Ct. 108, 13 L.Ed.2d 59 (1964), may have been overcome by an interpreter who adequately informed the defendant that the search could not be undertaken without his consent. See Garcia v. State, 186 So. 2d 556 (Fla. 3d DCA 1966). We therefore co…