Jones v. State (559 So. 2d 1096, 1990)

BARKETT, Justice.

We have for review State v. Jones, 537 So.2d 153 (Fla. 4th DCA 1989), wherein the district court certified the following question:

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?

Id. at 154. We have jurisdiction under article V, section 3(b)(4) of the Florida Constitution. For the reasons expressed in Bostick v. State, 554 So.2d 1153 (Fla.1989), we answer the certified question, as rephrased therein, in the affirmative, quash the decision of the district court, and remand to the district court for proceedings consistent with Bostick.

It is so ordered.

EHRLICH, C.J., and McDONALD, SHAW, GRIMES and KOGAN, JJ., concur.

OVERTON, J., dissents.