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RAFFIELD v. STATE

No. W-412.

362 So.2d 138 (1978)

Leveral "Sparky" RAFFIELD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

September 8, 1978.

Attorney(s) appearing for the Case

Guillermon A. Ruiz and Philip J. Padovano, of Ruiz & Padovano, St. Petersburg, for appellant.

Robert L. Shevin, Atty. Gen., Carolyn M. Snurkowski, Asst. Atty. Gen., for appellee.

MILLS, Judge.

The facts of this case are sufficiently set forth in prior opinions entered in this cause.1 Pursuant to the mandate of the Supreme Court, the sole issue for our determination is whether Raffield consented to the warrantless search of his barn.

Where consent is relied upon to justify a warrantless search, the State has the burden of proving that the consent was freely and voluntarily given and was not mere acquiescence...

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