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Florida District Courts of Appeal, 1990

Smith v. State

Smith v. State
Florida District Courts of Appeal · Decided January 17, 1990 · Polen, Walden, Warner
556 So. 2d 761; 1990 Fla. App. LEXIS 154; 1990 WL 2689 (Southern Reporter, Second Series)

Smith v. State

Opinion of the Court

PER CURIAM.

Appellant contests the trial court’s denial of his motion to suppress the evidence (cocaine) following a warrantless, non-probable cause “encounter” and search of his person on a bus stopped in Broward County-

The supreme court has recently addressed such searches in Bostick v. State, 554 So.2d 1153 (Fla. 1989). We find Bostick to be dispositive, and therefore must re*762verse and remand for the trial court to grant the motion to suppress.

WALDEN, WARNER and POLEN, JJ., concur.

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