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STATE v. FAVALORO

No. 82-141.

424 So.2d 47 (1982)

The STATE of Florida, Appellant, v. David Andrew FAVALORO, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 21, 1983.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and Calianne P. Lantz, Asst. Atty. Gen., for appellant.

Weiner, Robbins, Tunkey & Ross and Geoffrey C. Fleck and Richard A. Sharpstein, Miami, for appellee.

Before HENDRY, FERGUSON and JORGENSON, JJ.

FERGUSON, Judge.

After an assessment of the totality of the circumstances, Royer v. State, 389 So.2d 1007 (Fla. 3d DCA 1980); Taylor v. State, 355 So.2d 180 (Fla. 3d DCA 1978), the trial court determined that appellee's consent to a search was not voluntary, but instead was induced by an implied promise that he would not be prosecuted. Bram v. United States,

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