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· 6/15/1998

Phuagnong v. State

Citations

  • 714 So. 2d 527
  • 23 Fla. L. Weekly Fed. D 1483

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that on review of a motion to suppress, the appellate court is to give deference to a trial court's factual findings, but legal conclusions are reviewed de novo
  • determining that by entering into a stipulation that a motion is dispositive, \the state waived its right to argue otherwise on appeal\
  • relying on high court decisions in Miller and Ornelas to hold that “[t]he same reasoning supports independent appellate review where the validity of a search has been found to rest ... on consent”
  • relying on high court decisions in Miller and Ornelas to hold that “[t]he same reasoning supports independent appellate review where the validity of a search has been found to rest . . . on consent”
  • state's stipulation that ruling on suppression motion was dispositive constitutes a waiver of its right to argue otherwise on appeal
  • “A positive response to a request to talk does not constitute consent to enter a citizen’s home.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Per Curiam

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.