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FL4: Consent was first limited, then open ended by consent form

By John Wesley Hall, Jr.

The police sought consent to search for marijuana plants, and that was the extent of defendant's consent. After the first part of the search when the consent form was presented, the consent form was not limited to marijuana plants, and child porn found during the search was admissible. Verges v. State, 2009 Fla. App. LEXIS 8643 (4 DCA June 24, 2009).* Record supported finding that the consent was consensual, but the case was remanded to determine whether the trial court applied the correct legal standard. State v. Gentry, 2009 Fla. App. LEXIS 8719 (2 DCA June 24, 2009).* Defendant's objection to admission of evidence seized from his car was not specific enough to identify what was admitted. Also, the continuing objection for trial was not specific enough to preserve the issue for appeal...continue to full post

Full post as published by Fourth Amendment on July 08, 2009 (boomark / email).