State v. Endo

The State appeals an order granting the motion of defendants Raul Henao and Carlos Endo to suppress evidence. We affirm.

Henao and Endo were occupants of a car which was stopped by the police. Henao had placed a small zippered purse under his seat. The police officers obtained verbal consent of Henao and Endo to search the car. The trial court found that when one of the police officers discovered the closed, zippered purse under the seat, he opened the purse without seeking a further consent. Relying on, inter alia, State v. Wells, 539 So.2d 464 (Fla.1989), aff'd, — U.S. -, 110 S.Ct. 1632, 109…