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537 So. 2d 153

537 So.2d 153

14 Fla.L.Weekly 167

State v. Jones

District Court of Appeal of Florida

Decided January 11, 1989

District Court of Appeal of Florida · decided 1989-01-11

Cited by 2 later decisions — most recently March 1990

2 state decisions

Relies on State v. Avery

Good law ✅— No negative treatment on recordhow we know

Decided 1989-01-11

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LETTS, Judge.

¶1This 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.

¶2The 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 *154remand for proceedings in accordance with Avery.

¶3REVERSED AND REMANDED.

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