County Criminal Court: CRIMINAL LAW – Search and Seizure – Stop – Odor of marijuana coming from a vehicle is sufficient grounds to search all of the occupants of the vehicle. – Order of suppression reversed. State v. Bowman, No. 03-10 APANO (Fla. 6^th Cir. App. Ct. Feb. 4, 2004).

IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT

OF THE STATE OF FLORIDA IN AND FOR PINELLAS COUNTY

STATE OF FLORIDA

Appellant,

Appeal No. CRC 03-10 APANO

UCN522003AP000010XXXXCR

TAISHAY BOWMAN

Appellee.

_____________________________/

Opinion filed __________________.

Appeal from a decision of the

Pinellas County Court

County Judge Dorothy Vaccaro

Chaila Restall

Assistant State Attorney

Laura Gapske, Esq.

Assistant Public Defender

ORDER AND OPINION

THIS MATTER is before the Court on the State’s appeal from an order of the Pinellas County Court granting the defendant’s motion to suppress. After reviewing the briefs and record, this Court reverses the decision of the lower court.

A City of St.Petersburg officer, while working undercover, was approached by a car. One of the occupants of the car was the defendant. After a brief conversation with the officer, the occupants pulled away in the car. The officer had over twelve years of experience, had training in narcotics cases, and had been involved in hundreds of narcotics arrests over the years. Based upon his experience he suspected that the occupants of the car were attempting to buy drugs. The officer noticed a traffic infraction, so he radioed for his fellow officers to stop the car. The car was stopped. When the officer approached the car from the passenger side, he noticed an odor of marijuana coming from the vehicle. The driver was ultimately arrested for driving with a suspended license. During the investigation that followed, the officer searched the passenger’s (defendant’s) purse. Marijuana was discovered inside the purse, and the defendant was arrested. The trial court granted the defendant’s motion to suppress because it found the suspect was the driver, and not the passenger. Therefore, the court concluded that there was no reason to search the defendant. The State has appealed that decision. The standard of review in this case is de novo. See Ornelas v. United States, 517 U.S. 690 (1996).

The odor of marijuana emanating from a vehicle is sufficient grounds to search all of the occupants of the vehicle. In State v. Wynn, 623 So.2d 848, 849 (Fla. 2d DCA 1993), the court wrote: “[w]e conclude that the smell of marijuana upon the officers’ approach of the car gave the officers’ probable cause to search the occupants of the car and the car for contraband.” See also, State v. K.V., 821 So2d 1127 (Fla. 4^th DCA 2002) (where the court reversed the order granting the motion to suppress and upheld the search of a passenger after the officer smelled marijuana emanating from the car). Based upon the foregoing case law, the order granting the defendant’s motion to suppress must be reversed.

IT IS THEREFORE ORDERED that the order granting the defendant’s motion to suppress is reversed, and this matter is remanded to the trial court for action consistent with this Order and Opinion.

DONE AND ORDERED in Chambers at Clearwater, Pinellas County, Florida this _____ day of February, 2004.

_______________________

James R. Case

Circuit Judge

_________________________

Nancy Moate Ley

Circuit Judge

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John A. Schaefer

Circuit Judge

cc: State Attorney

Public Defender

County Judge Vaccaro