State v. Jones

District Court of Appeal of Florida

State v. Jones

537 So. 2d 153, 14 Fla. L. Weekly 167, 1989 Fla. App. LEXIS 51, 1989 WL 608

CourtDistrict Court of Appeal of Florida

DecidedJanuary 11, 1989

DocketNo. 87-1693

StatusPublished

Cited by2 cases

This text of 537 So. 2d 153 (State v. Jones) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Jones, 537 So. 2d 153, 14 Fla. L. Weekly 167, 1989 Fla. App. LEXIS 51, 1989 WL 608 (Fla. Ct. App. 1989).

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Opinions

LETTS, Judge.

This case involves yet another bus search, the trial judge holding that the presence of officers standing over a defendant in a bus is per se coercive. We reverse.

The trial judge’s granting of the motion to suppress was entered before this court’s recent en banc decision in State v. Avery, 531 So.2d 182 (Fla. 4th DCA 1988). In his order, Judge Carlisle remarked that he did not reach the issue of consent, and that “[w]hile one may be free to ignore police officers and Hari Krishnas with equal vig- or on an airport concourse, it is considerably more difficult for a seated passenger within the narrow confines of a bus to ignore two police officers standing over and questioning him.” We have sympathy for that point of view. Clearly, however, it is not in accord with the current state of the law and we must reverse this cause and [154]*154remand for proceedings in accordance with Avery.

REVERSED AND REMANDED.

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

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LETTS, Judge.

This case involves yet another bus search, the trial judge holding that the presence of officers standing over a defendant in a bus is per se coercive. We reverse.

The trial judge’s granting of the motion to suppress was entered before this court’s recent en banc decision in State v. Avery, 531 So.2d 182 (Fla. 4th DCA 1988). In his order, Judge Carlisle remarked that he did not reach the issue of consent, and that “[w]hile one may be free to ignore police officers and Hari Krishnas with equal vig- or on an airport concourse, it is considerably more difficult for a seated passenger within the narrow confines of a bus to ignore two police officers standing over and questioning him.” We have sympathy for that point of view. Clearly, however, it is not in accord with the current state of the law and we must reverse this cause and [154]*154remand for proceedings in accordance with Avery.

REVERSED AND REMANDED.

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

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Bluebook (online)

537 So. 2d 153, 14 Fla. L. Weekly 167, 1989 Fla. App. LEXIS 51, 1989 WL 608, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-jones-fladistctapp-1989.

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