STATE OF FLORIDA, PETITIONER,
v.
LUZ PIEDAD JIMENO, ET AL., RESPONDENTS
[*1084] GRIMES, Justice.
We accepted jurisdiction1 to review State v. Jimeno, 550 So. 2d 1176 (Fla. 3d DCA 1989), wherein the district court of appeal certified as being of great public importance a question concerning the lawfulness of searching a closed container after consent has been given to search a motor vehicle for narcotics.
We agree with respondents that under State v. Wells, 539 So. 2d 464 (Fla.1989), affd, — U.S. -, 110 S.Ct. 1632, 109 L.Ed.2d 1 (1990), the consent to search a vehicle does not extend to a closed container found inside the vehicle.
Therefore, we approve the decision of the district court of appeal.
It is so ordered.
SHAW, C.J., and OVERTON, EHRLICH, BARKETT and KOGAN, JJ., concur. McDONALD, J., dissents.
. Art. V, § 3(b)(4), Fla. Const.
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State v. Jimeno, 588 So. 2d 233 (Fla. 1991)…PER CURIAM. This case is before us on remand from the United States Supreme Court following its decision on certiorari review of State v. Jimeno, 564 So. 2d 1083 (Fla.1990). In Jimeno we had held that consent to search a vehicle did not extend to a closed brown paper bag found inside the vehicle. The Supreme Court reversed this decision, holding that it was objectively reasonable for the police to conclude t…
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State v. Hester, 618 So. 2d 1365 (Fla. 1993)…isdiction under article V, section 3(b)(4) of the Florida Constitution. A similar question was certified to this Court in State v. Jimeno, 550 So. 2d 1176 (Fla. 3d DCA 1989). We originally responded to the question in the negative. State v. Jimeno, 564 So. 2d 1083 (Fla.1990), cert. granted, 498 U.S. 997, 111 S.Ct. 554, 112 L.Ed.2d 561 (1990). However, our deci [*1366] sion was reversed by the United States Supreme Court. Florida v. Jimeno, — U.S.-, 111 S.Ct. 1801, 114 L.Ed.2d 297 (1991). Upon remand, this Cou…
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State v. Endo, 566 So. 2d 346 (Fla. 3d DCA 1990)…ressed. The Florida Supreme Court recently held in substantially identical circumstances that a general consent to the search of a motor vehicle did not permit the opening of a closed container, in that case a rolled up paper bag. State v. Jimeno, 564 So. 2d 1083 (Fla.1990), aff'g, 550 So. 2d 1176 (Fla. [*347] 3d DCA 1989).* As Jimeno holds that consent must be specifically obtained to look inside closed but unsealed containers, and since the trial court found that such consent was not obtained in the presen…
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- Florida v. Wells, 495 U.S. 1 (U.S. 1990)
- State v. Wells, 539 So. 2d 464 (Fla. 1989)
- State v. Jimeno, 550 So. 2d 1176 (Fla. 3d DCA 1989)