JOSEPH SERPA, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
Explore caselaw by topic → Browse Coerced Consent cases and more on FLexlaw
BARKETT, Justice.
We have for review Serpa v. State, 541 So. 2d 799, 799 (Fla. 4th DCA 1989), in which the district court certified the following question to be of great public importance:
May evidence obtained as a result of defendant’s consent to search, be suppressed by the trial court as “coerced” upon the sole ground that the officer(s) boarded a bus (or other public transport) and randomly sought consent from passengers?
We have discretionary jurisdiction. Art. V, § 3(b)(4), Fla.Const. For the reasons expressed in Bostick v. State, 554 So. 2d 1153 (Fla.1989), we answer the' certified question, as rephrased therein, in the affirmative, quash the opinion of the district court, and remand to the district court for proceedings consistent with Bostick.
It is so ordered.
EHRLICH, C.J., and SHAW and KOGAN, JJ., concur. OVERTON, McDonald and GRIMES, JJ., dissent.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (19 total)
-
State v. McCLOUD, 577 So. 2d 939 (Fla. 1991)…delivery of a controlled substance and possession of that substance constitute separate offenses subject to separate convictions and separate punishments. Ch. 88-131, § 7, Laws of Fla. (amending § 775.021(4), Fla.Stat. (1987)); see State v. Burton, 555 So. 2d 1210 (Fla.1989). However, the offenses at issue in Smith occurred prior to the July 1, 1988 effective date of chapter 88-131, and we declined to apply chapter 88-131 retroactively, finding the case was controlled by Carawan v. State, 515 So. 2d at 161 (c…
-
V.A.A. v. State, 561 So. 2d 314 (Fla. 2d DCA 1990)…sentences for sale and possession of the same quantity of contraband are prohibited by the legislature. We believe our conclusion correctly applies the statute as amended. We are concerned, however, that dicta in a subsequent case, State v. Burton, 555 So. 2d 1210 (Fla.1989) (which only dealt with these crimes occurring before July 1, 1988), may cause some doubt. Burton notes that Smith held that the amended statute makes sale and possession of the same substance separate offenses subject to separate convicti…
-
Davis v. State, 560 So. 2d 1231 (Fla. 5th DCA 1990)…r possession was an “element” under the facts of the case before us (as apparently did the court in Gordon v. State, 528 So. 2d 910 (Fla. 2d DCA 1988)) but whether it is a necessary element under the statute. This is consistent with State v. Burton, 555 So. 2d 1210 (Fla.1989) in which the Florida Supreme Court indicates approval of the legislative intent to treat sale and possession of the same substance as separate offenses subject to separate convictions and punishment. We next must look to the information…
Previewing 3 of 19 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Bostick v. State, 554 So. 2d 1153 (Fla. 1989)
- Adger v. State, 541 So. 2d 799 (Fla. 4th DCA 1989)
- Serpa v. State, 541 So. 2d 799 (Fla. 4th DCA 1989)