{"id":2806,"date":"2009-01-16T18:40:20","date_gmt":"2008-12-26T11:46:07","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-12-26T11:46:07","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2806","title":{"rendered":"FL2: When defendant raises revocation of consent, state bears burden of proof"},"content":{"rendered":"

It was not shown that defendant revoked his consent after officers found an after market concealed compartment. The state bears the burden of proof on non-withdrawal of consent. State v. Petion<\/a>, 992 So. 2d 889 (Fla. App. 2d Dist. October 24, 2008)*:<\/p>\n

Thus, we conclude that HN7if a defendant raises the issue of withdrawal of consent by nonverbal communication, the State must prove by a preponderance of the evidence that the defendant did not engage in the type of nonverbal communication that an objectively reasonable officer would interpret as a withdrawal of consent. In this case, Mr. Petion’s conduct can be fairly summarized as a passive failure to object. Reviewing this issue de novo and relying on the circuit court’s historical findings, we conclude that he did not revoke or withdraw his consent by any nonverbal communication after the deputies found the secret compartment.<\/p><\/blockquote>\n

Knock and talk was valid. Credibility call here goes to the government because the officers’ versions were consistent [and what about getting their stories together?], and the defendant’s version is not believed. United States v. Maes, 2008 U.S. Dist. LEXIS 103676 (D. Utah December 17, 2008).*<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-2806","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/2806","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=2806"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/2806\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=2806"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=2806"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=2806"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}