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593 So. 2d 514

State v. Randley

District Court of Appeal of Florida

Decided September 11, 1991

District Court of Appeal of Florida · decided 1991-09-11

Relies on Florida v. Bostick · 567 So. 2d 430 - The Florida Bar v. Shuminer · Bostick v. State

Decided 1991-09-11

PER CURIAM.

¶1Prior report: 567 So.2d 442.

¶2We withdraw the prior opinion entered in this case and substitute the following:

¶3The state appeals the trial court’s order granting Jimmy Dean Randley's motion to suppress. We reverse.

¶4The 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.

¶5Subsequently, 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.

¶6In 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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