Summary
In Jimeno we had held that consent to search a vehicle did not extend to a closed brown paper bag found inside the vehicle.
Summary of this case from State v. JimenoOpinion
No. 75057.
July 26, 1990.
Appeal from the Circuit Court, Dade County, Fredricka G. Smith, J.
Robert A. Butterworth, Atty. Gen., and Michael J. Neimand, Asst. Atty. Gen., Miami, for petitioner.
Sidney Efronson and Ramon Tourgeman of the Law Offices of Sidney Efronson, Miami, for respondents.
We accepted jurisdiction to review State v. Jimeno, 550 So.2d 1176 (Fla. 3d DCA 1989), wherein the district court of appeal certified as being of great public importance a question concerning the lawfulness of searching a closed container after consent has been given to search a motor vehicle for narcotics.
Art. V, § 3(b)(4), Fla. Const.
We agree with respondents that under State v. Wells, 539 So.2d 464 (Fla. 1989), aff'd, ___ U.S. ___, 110 S.Ct. 1632, 109 L.Ed.2d 1 (1990), the consent to search a vehicle does not extend to a closed container found inside the vehicle.
Therefore, we approve the decision of the district court of appeal.
It is so ordered.
SHAW, C.J., and OVERTON, EHRLICH, BARKETT and KOGAN, JJ., concur.
McDONALD, J., dissents.