Legal Question in Criminal Law in Florida
If an officer makes a signed report the date of the incident which in no way refers to any sort of consent to enter a residence and then nine months later has a sworn testimony stating that he did have consent, is that enough to not make it an illegal search and seizure?
Asked on 1/21/12, 11:53 pm
1 Answer from Attorneys
Burt Stutchin
Harris & Stutchin
No, however, the motion to suppress should highlight the absence of the mention of consent in the first report as this tends to show that the later affidavit is a fabrication. In the end, it is up the judge to determine whether or not consent to search had been freely and voluntarily given.
Answered on 1/23/12, 5:38 am
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