Opinion
No. 88-2881.
January 17, 1990. Rehearing Denied February 28, 1990.
Appeal from the Circuit Court for Broward County; John G. Ferris, Judge.
Richard L. Jorandby, Public Defender, and Margaret Good, Asst. Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and James J. Carney, Asst. Atty. Gen., West Palm Beach, for appellee.
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 reverse and remand for the trial court to grant the motion to suppress.
WALDEN, WARNER and POLEN, JJ., concur.