Opinion
No. 88-2454.
April 26, 1989.
Appeal from the Circuit Court for Broward County; Leroy H. Moe, Judge.
Richard L. Jorandby, Public Defender, and Cherry Grant, Asst. Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Patricia G. Lampert, Asst. Atty. Gen., West Palm Beach, for appellee.
AFFIRMED.
We certify to the supreme court the same question as certified in State v. Avery, 531 So.2d 182 (Fla. 4th DCA 1988), as a question of great public importance:
MAY EVIDENCE OBTAINED AS A RESULT OF DEFENDANT'S CONSENT TO SEARCH, BE SUPPRESSED BY THE TRIAL COURT AS "COERCED" UPON THE SOLE GROUND THAT THE OFFICER(S) BOARDED A BUS (OR OTHER PUBLIC TRANSPORT) AND RANDOMLY SOUGHT CONSENT FROM PASSENGERS?
DELL, WALDEN and POLEN, JJ., concur.