State v. Jerome

The trial court granted a motion to suppress the fruits of a “bus-stop” search. We affirm. The issue below, and therefore here, was whether appellee’s consent to the search was voluntary. We have previously held that such a search is not per se impermissible under the fourth amendment. State v. Avery, 531 So.2d 182 (Fla. 4th DCA 1988). Thus, the voluntariness of a consent under the circumstances is a question of fact to be determined by the trial court from the totality of all of the attendant circumstances. Denehy v. State, 400 So.2d 1216 (Fla.1980). Consent is not voluntary if it is made…