State v. Dean

PARIENTE, Judge.

The trial court granted the defendant’s motion to suppress contraband, not as an unlawful search and seizure in violation of the Fourth Amendment of the United States Constitution, but solely as a violation of the defendant’s right to privacy under the Florida Constitution. We do not find that this random investigatory encounter and consensual search for contraband, which did not violate the Fourth Amendment or article I, section 12 of the Florida Constitution, runs afoul of Florida’s constitutional right to privacy, article I, section 23 of the Florida Constitution. We…