Smith v. State

How courts have described this case

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

• holding that search of defendant's mouth was not consensual and police officer did not have authority to command the defendant to lift his tongue
• finding that the State failed to meet its burden of proving defendant consented to warrantless search of his mouth
• characterizing officer’s statement “[d]o you mind lifting up your tongue” as “command” rather than request
• defendant cupped his tongue and did not respond to officer’s instructions to lift it
• discussing the consent exception to the warrant requirement

Source: CourtListener parenthetical corpus (CC0).

Cited by

20 cases in this archive cite this case.

• Golphin v. State
  Supreme Court of Florida· 2006-12-14· cited 58×
• E.B. v. State
  District Court of Appeal of Florida· 2004-02-25· cited 30×
• Jonathan v. Nally
  Supreme Court of Vermont· 2005-07-22· cited 20×
• Hicks v. State
  District Court of Appeal of Florida· 2003-08-29· cited 17×
• Ingram v. State
  District Court of Appeal of Florida· 2006-04-27· cited 13×
• Robinson v. State
  District Court of Appeal of Florida· 2008-03-28· cited 9×
• Lowery v. State
  District Court of Appeal of Florida· 2005-01-19· cited 9×
• Williams v. State
  District Court of Appeal of Florida· 2015-06-05· cited 8×
• V.H. v. State
  District Court of Appeal of Florida· 2005-06-10· cited 7×
• State v. Bean
  District Court of Appeal of Florida· 2010-01-22· cited 6×
• State v. Witherspoon
  District Court of Appeal of Florida· 2006-02-24· cited 5×
• Alamo v. State
  District Court of Appeal of Florida· 2004-11-19· cited 4×
• Horne v. State
  District Court of Appeal of Florida· 2013-05-24· cited 4×
• Tyson v. State
  District Court of Appeal of Florida· 2006-02-24· cited 3×
• State v. Hall
  District Court of Appeal of Florida· 2015-08-12· cited 1×
• Clinton v. State
  District Court of Appeal of Florida· 2001-03-02· cited 1×
• VH v. State
  District Court of Appeal of Florida· 2005-06-10
• EB v. State
  District Court of Appeal of Florida· 2004-02-25
• Haselier v. State
  District Court of Appeal of Florida· 2006-01-13
• State of Florida v. Evelyn Barone
  District Court of Appeal of Florida· 2023-11-08

Cites

26 cases in this archive are cited by this case; the 20 most cited are listed.

• Katz v. United States
  Supreme Court· 1967-12-18· cited 13,304×
• Schneckloth v. Bustamonte
  Supreme Court· 1973-05-29· cited 11,783×
• Coolidge v. New Hampshire
  Supreme Court· 1971-06-21· cited 9,038×
• Ornelas v. United States
  Supreme Court· 1996-06-10· cited 7,197×
• Florida v. Royer
  Supreme Court· 1983-03-23· cited 6,728×
• United States v. Mendenhall
  Supreme Court· 1980-06-30· cited 6,313×
• New York v. Belton
  Supreme Court· 1981-09-23· cited 3,483×
• Popple v. State
  Supreme Court of Florida· 1993-10-14· cited 417×
• United States v. Charles Scott Worley
  Sixth Circuit· 1999-09-29· cited 191×
• Caso v. State
  Supreme Court of Florida· 1988-04-07· cited 105×
• Perez v. State
  Supreme Court of Florida· 1993-06-24· cited 65×
• United States v. Joseph Edward Pulvano
  Fifth Circuit· 1980-11-07· cited 64×
• United States v. Jose B. Bueno
  Sixth Circuit· 1994-04-11· cited 62×
• John T. Tukes v. Richard L. Dugger, Secretary, Department of Corrections
  Eleventh Circuit· 1990-09-07· cited 58×
• United States v. Fred Angelo Patacchia, Juliette v. Coloma
  Ninth Circuit· 1979-08-13· cited 44×
• Davis v. State
  Supreme Court of Florida· 1992-01-30· cited 43×
• Phuagnong v. State
  District Court of Appeal of Florida· 1998-06-15· cited 29×
• Butler v. State
  District Court of Appeal of Florida· 1998-02-19· cited 26×
• State v. Poole
  District Court of Appeal of Florida· 1999-03-10· cited 17×
• State v. Robinson
  District Court of Appeal of Florida· 1999-03-19· cited 11×