STATE v. AMERSON

No. 79-1386.

392 So.2d 311 (1980)

STATE of Florida, Appellant, v. Thomas James AMERSON, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 28, 1981.


Attorney(s) appearing for the Case

David H. Bludworth, State Atty., and Debra E. Pole, Asst. State Atty., West Palm Beach, for appellant.

Richard L. Jorandby, Public Defender, and Allen DeWeese, Asst. Public Defender, West Palm Beach, for appellee.


HERSEY, Judge.

The state appeals from an order granting a motion to suppress evidence as illegally obtained. The evidence consists of jewelry alleged to be stolen. Some of this jewelry was handed over to the police without a search. The remainder was obtained as the result of a written consent to search form signed by appellee.

The issue in this appeal is whether the consent was voluntary. The appropriate test for voluntariness to be applied here depends upon...

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