context: . The correct standard of proof in cases such as this where consent follows an illegal detention, arrest, seizure, search or other police misconduct is clear and convincing evidence.
citation_a.signal: see
citation_a.parenthetical: no valid consent is established unless state can show, by clear and convincing evidence, an unequivocal break in the chain of illegality between the prior unlawful detention and the purported consent
citation_a.sentence: State v. Fuksman, 468 So.2d 1067, 1072 (Fla. 3d DCA 1985) (special concurrence, Pearson, Daniel S., J.); see DuBoise v. State, 12 F.L.W. 107 (Fla. Feb. 27,1987) (clear and convincing standard is used to prove defendant’s consent wets voluntarily given after an illegal arrest); Alvarez v. State, 515 So.2d 286 (Fla. 4th DCA 1987) (no valid consent is established unless state can show, by clear and convincing evidence, an unequivocal break in the chain of illegality between the prior unlawful detention and the purported consent); cf. State v. Blan, 489 So.2d 865 (Fla. 1st DCA 1986) (absent antecedent police misconduct, consent to search need only be shown by preponderance of the evidence).
citation_b.signal: cf.
citation_b.parenthetical: absent antecedent police misconduct, consent to search need only be shown by preponderance of the evidence
citation_b.sentence: State v. Fuksman, 468 So.2d 1067, 1072 (Fla. 3d DCA 1985) (special concurrence, Pearson, Daniel S., J.); see DuBoise v. State, 12 F.L.W. 107 (Fla. Feb. 27,1987) (clear and convincing standard is used to prove defendant’s consent wets voluntarily given after an illegal arrest); Alvarez v. State, 515 So.2d 286 (Fla. 4th DCA 1987) (no valid consent is established unless state can show, by clear and convincing evidence, an unequivocal break in the chain of illegality between the prior unlawful detention and the purported consent); cf. State v. Blan, 489 So.2d 865 (Fla. 1st DCA 1986) (absent antecedent police misconduct, consent to search need only be shown by preponderance of the evidence).