STATE v. MARTINEZ

No. 83-1136.

459 So.2d 1062 (1984)

The STATE of Florida, Appellant, v. Barbara Morales MARTINEZ, Appellee.

District Court of Appeal of Florida, Third District.

June 12, 1984.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen. and Jack B. Ludin, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender and Bruce A. Rosenthal, Asst. Public Defender, for appellee.

Before NESBITT, DANIEL S. PEARSON and JORGENSON, JJ.


PER CURIAM.

We reverse the order suppressing the contraband found in an airport search of the defendant's shoulder bag upon our conclusion that where, as here, the record indisputably reflects that the defendant was advised by the police of her right to withhold her consent to the search, the taint of the initial unlawful stop of the defendant (assuming, arguendo, one occurred) is dissipated, and the defendant's otherwise free and voluntary consent to the search renders...

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