Preponderance of the Evidence - Voluntariness of Consent to Search
In Denehy v. State, 400 So. 2d 1216, 1217 (Fla. 1980), the court held that "under ordinary circumstances the voluntariness of the consent to search must be established by preponderance of the evidence."
In analyzing whether a defendant's consent to a search is voluntary, a court should consider the totality of the circumstances around the granting of consent to the search. See Norman v. State, 379 So. 2d 643, 646-47 (Fla. 1980).
When the validity of a search rests on consent, the State has the burden of proving that the necessary consent was obtained and that it was freely and voluntarily given. See Reynolds, 592 So. 2d at 1086.
In a situation where there is neither an illegal detention nor other illegal conduct by the police, the State must establish the voluntariness of the consent by a preponderance of the evidence. See id.