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588 So. 2d 233

Docket No. 75057.

State v. Jimeno

STATE of Florida, Petitioner, v. Luz Piedad JIMENO, et al., Respondents.

Supreme Court of Florida

Decided October 24, 1991.

Supreme Court of Florida · decided 1991-10-24

Cited by 6 later decisions — most recently November 2004

6 state decisions

Key passage — most relied on by later courts

“Jimeno now argues that the opening of the paper bag violated his right to privacy pursuant to article I, section 23 of the Florida Constitution. We reject this argument because of article I, section 12 of the Florida Constitution, which requires this Court to construe Fourth Amendment issues in conformity with rulings of the United States Supreme Court. As explained in State v. Hume, 512 So.2d 185 (Fla. 1987), our right of privacy provision, article I, section 23, does not modify the applicability of article I, section 12, particularly since section 23 was adopted prior to the present section 12.”

quoted by 3 later decisions, including State v. Dean, 618 So. 2d 1365 - State v. Hester

Relies on Florida v. Jimeno · State v. Jimeno · 512 So. 2d 185 - State v. Hume

Good law ✅— No negative treatment on recordhow we know

Decided 1991-10-24

View the full empirical analysis of this case →

¶1Robert A. Butterworth, Atty. Gen. and Michael J. Neimand, Asst. Atty. Gen., Miami, for petitioner.

¶2Benjamin S. Waxman and Jeffrey S. Weiner, Weiner, Robbins, Tunkey, Ross, Amsel & Raben, P.A., and Sidney Efronson, Miami, for respondents.

¶3PER CURIAM.

¶4This 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 that the general consent to search a car included consent to search the closed brown paper bag within the car. Florida v. Jimeno, ___ U.S. ___, 111 S.Ct. 1801, 114 L.Ed.2d 297 (1991).

¶5Jimeno now argues that the opening of the paper bag violated his right to privacy pursuant to article I, section 23 of the Florida Constitution. We reject this argument because of article I, section 12 of the Florida Constitution, which requires this Court to construe Fourth Amendment issues in conformity with rulings of the United States Supreme Court. As explained in State v. Hume,512 So.2d 185 (Fla. 1987), our right of privacy provision, article I, section 23, does not modify the applicability of article I, section 12, particularly since section 23 was adopted prior to the present section 12.

¶6*234 We quash the decision of the district court of appeal and remand the case for trial.

¶7It is so ordered.

¶8SHAW, C.J., and OVERTON, McDONALD and GRIMES, JJ., concur.

¶9BARKETT and KOGAN, JJ., concur in result only.

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