TONY TOPHA JONES, ETC., PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. | 1990-03-15
No. 73809
EHRLICH, C.J., and McDONALD, SHAW, GRIMES and KOGAN, JJ., concur., OVERTON, J., dissents.
559 So. 2d 1096 Florida Supreme Court (1990) Positive Treatment
Cited by 2 cases


Opinion of the Court
BARKETT, Justice.

BARKETT, Justice.

We have for review State v. Jones, 537 So. 2d 153 (Fla. 4th DCA 1989), wherein the district court certified the following question:

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?

Id. at 154. We have jurisdiction under article V, section 3(b)(4) of the Florida Constitution. 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 decision of the district court, and remand to the district court for proceedings consistent with Bostick.

It is so ordered.

EHRLICH, C.J., and McDONALD, SHAW, GRIMES and KOGAN, JJ., concur. OVERTON, J., dissents.


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  • Florida v. Bostick, 501 U.S. 429 (U.S. 1991)
    …uestion in this case. See, e. g., McBride v. State, 554 So. 2d 1160 (1989); Mendez v. State, 554 So. 2d 1161 (1989); Shaw v. State, 555 So. 2d 351 (1989); Avery v. State, 555 So. 2d 351 (1989); Serpa v. State, 555 So. 2d 1210 (1989); Jones v. State, 559 So. 2d 1096 (1990).…

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