LEWIS v. STATE

No. 4D07-976.

979 So.2d 1197 (2008)

Terry LEWIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

April 23, 2008.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and John M. Conway, Assistant Public Defender, West Palm Beach, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Jeanine M. Germanowicz, Assistant Attorney General, West Palm Beach, for appellee.


WARNER, J.

In denying appellant's motion to suppress, the trial court expressed the view that once two officers testified to facts which would prove that the search of appellant was consensual, the burden shifted to the appellant to prove that he did not consent to the search. We reverse, because the trial court erred in shifting the burden instead of determining the issue based upon the totality of the circumstances, including weighing the credibility of the officers...

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