STATE OF FLORIDA, APPELLANT,
v.
JIMMY DEAN RANDLEY, APPELLEE

Fla. 4th DCA | 1991-09-11
No. 90-0211
DOWNEY, HERSEY and GUNTHER, JJ., concur.
593 So. 2d 514 Florida District Court of Appeal, Fourth District (1991) Positive Treatment
Cited by 1 case

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Holding

The Fourth Amendment allows police to approach individuals on a bus and ask questions if a reasonable person would feel free to refuse.


Facts & Procedural History

The trial court suppressed evidence based on a prior state ruling that a bus stop detention was unlawful. The state appealed this suppression order.…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Prior report: 567 So. 2d 442.

We withdraw the prior opinion entered in this case and substitute the following:

The state appeals the trial court’s order granting Jimmy Dean Randley's motion to suppress. We reverse.

The trial court, relying on Bostick v. State, 554 So. 2d 1153 (Fla.1989), found that Randley had been unlawfully detained and concluded that all evidence and statements were therefore subject to suppression.

Subsequently, in Florida v. Bostick, — U.S. -, 111 S.Ct. 2382, 115 L.Ed.2d 389 (1991) the United States Supreme Court reversed Bostick v. State, supra, and held that the Fourth Amendment permits police officers to approach individuals at random on a bus to ask them questions and to request consent to search their luggage, so long as a reasonable person would understand that he or she could refuse to cooperate.

In light of this most recent opinion, we reverse the trial court’s order granting Randley’s motion to suppress and remand to the trial court for further proceedings consistent with Florida v. Bostick, supra.

DOWNEY, HERSEY and GUNTHER, JJ., concur.


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