RESTREPO v. STATE

No. 82-1855.

438 So.2d 76 (1983)

Carlos Arthur RESTREPO, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

As Clarified October 10, 1983.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Carin Kahgan, Sp. Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Michael J. Neimand, Asst. Atty. Gen., for appellee.

Before HUBBART and DANIEL S. PEARSON and FERGUSON, JJ.


FERGUSON, Judge.

We hold that the state failed to show by clear and convincing evidence that the defendant freely and voluntarily consented to a warrantless search.

Defendant and co-defendant approached Detective Thompson, a plain clothes narcotics officer, in the terminal at Miami International Airport. The co-defendant inquired of the officer, in English, regarding the departure time of the next Eastern Airlines flight to New York or Washington. Detective...

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