STATE v. JONES

No. 87-1693.

537 So.2d 153 (1989)

STATE of Florida, Appellant, v. Tony Topha JONES a/k/a Tony Tyrone Jones, Appellee.

District Court of Appeal of Florida, Fourth District.

Certification Granted February 8, 1989.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Eddie J. Bell, Asst. Atty. Gen., West Palm Beach, for appellant.

Richard L. Jorandby, Public Defender, and Gary Caldwell, Asst. Public Defender, West Palm Beach, for appellee.


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...

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