Opinion

State v. Brown

  • 584 So. 2d 656
  • 1991 Fla. App. LEXIS 8931
  • 1991 WL 174651
Court
District Court of Appeal of Florida
Filed
Sep 11, 1991
Status
Published
On the bench
Dell, Garrett, Glickstein
Cited by
1 cases
Authority
More cited than 66.2%

The opinion

PER CURIAM.

We remand for further evidentiary proceedings in accordance with Florida v. Bostick, — U.S. -, 111 S.Ct. 2382 , 115 L.Ed.2d 389 (1991). The trial court’s order granting appellee’s motion to suppress contained no factual findings regarding the circumstances of the search. Rather, the trial court explicitly based its ruling on the Florida Supreme Court’s holding in Bostick v. State, 554 So.2d 1153 (Fla.1989), that the Broward Sheriff’s Office practice of boarding buses and asking passengers at random for consent to search was unconstitutional per se. In view of the United States Supreme Court’s rejection of this per se rule, we remand so that the trial court may determine whether a seizure in fact did occur considering “all of the circumstances surrounding the encounter.” Bostick, — U.S. -, 111 S.Ct. at 2389 , 115 L.Ed.2d at -.

DELL and GARRETT, JJ., concur.

GLICKSTEIN, C.J., concurs specially with opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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