RICHARD MARK FRAZIER, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• State v. Walton, 565 So. 2d 381 (Fla. 5th DCA 1990)
  …roceedings. REVERSED and REMANDED. HARRIS and PETERSON, JJ., concur. . State v. Wells, 539 So. 2d 464 (Fla.1989), affirmed, - U.S. -, 110 S.Ct. 1632, 109 L.Ed.2d 1 (1990); State v. Jimeno, 550 So. 2d 1176 (Fla. 3d DCA 1989); and Shelton v. State, 549 So. 2d 236 (Fla. 3d DCA 1989) are distinguishable from the facts presented here. In those cases, no actual consent to search the contents of the vehicle or the area had been obtained. In contrast, here, Kemp signed a Voluntary Consent to Search form which spec…
• State v. Jimeno, 550 So. 2d 1176 (Fla. 3d DCA 1989)
  …f the consent given did not extend to the search and seizure of the bag. This court has held that consent to a general search for narcotics does not extend to “sealed containers within the general area agreed to by the defendant.” Shelton v. State, 549 So. 2d 236 (Fla. 3d DCA 1989). We decline to depart from the holding and rationale of Shelton; we certify to the Florida supreme court the same question certified in Shelton. Affirmed. . As in Shelton, here, viewing the totality of the circumstances, "the r…
• State v. Abrams, 548 So. 2d 820 (Fla. 2d DCA 1989)
  …iminal activity.” Rodriguez, 539 So. 2d at 513. Although this language could include the opening of an unsealed or unlocked container, the facts of this case were that the box was sealed and that the officer had to cut it open. In Shelton v. State, 549 So. 2d 236 (Fla.3d DCA 1989), a train passenger consented to a search of her purse and tote bag by narcotics officers. Inside the tote bag, the officers found a very heavy, small, gift-wrapped box, which one officer unwrapped in the passenger’s presence withou…

Authorities Cited

• Medina v. State, 466 So. 2d 1046 (Fla. 1985)