IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
OF THE STATE OF
††††††††††† Appellant,††††††††††††††††††††††††††††††††††††††††††††††††††††††† Appeal No. CRC 06-60 APANO
ERNEST V. CHARLES
Opinion filed ________________.
Appeal from a decision of the
Senior Judge Richard L. Hood
Kate Alexander, Esquire
Assistant State Attorney
Joseph Hobson, Esquire
Attorney for appellee
ORDER AND OPINION
††††††††††† (J. Demers)
††††††††††† THIS MATTER is before the Court on the Stateís appeal from a decision of the Pinellas County Court granting the defendantís motion to suppress. After reviewing the briefs and record, this Court reverses the order granting the defendantís motion to suppress.
††††††††††† The police stopped the defendant for several traffic violations. When the deputy went to speak with the defendant, he smelled a strong odor of marijuana coming from the vehicle. The deputy also noticed the defendant make furtive movements. The deputy, who had extensive training and experience in the detection and recognition of marijuana, searched the vehicle without success, but smelled the strong odor of marijuana on the defendant and then searched him. The marijuana was found on the defendant --- in the area where he was previously making furtive movements. The trial court granted the defendantís motion to suppress, stating that the smell of marijuana was insufficient to justify a search. The State is appealing that ruling.
to the trial courtís statement, the odor of burnt marijuana emanating from a
vehicle provides probable cause to search both the vehicle and its occupants. There
is a plethora of cases supporting this rule. See e.g., Betz v. State,
815 So.2d 627 (
††††††††††† IT IS THEREFORE ORDERED that the order granting the defendantís motion to suppress is reversed, and this case is remanded to the trial court for action consistent with this Order and Opinion.
AND ORDERED in
††††††††††† David A. Demers††††††††††††††††††††††††††††††††††††††††††††† Raymond O. Gross
††††††††††† Circuit Court Judge†††††††††††††††††††††††††††††††††††††††††† Circuit Court Judge††††††††††††††††††
††††††††††††††††††††††† ††††††††††† _____________________________
††††††††††††††††††††††††††††††††††† ††††††††††† Robert J. Morris, Jr.
††††††††††††††††††††††††††††††††††† ††††††††††† Circuit Court Judge
cc:††††††† Office of the State Attorney
††††††††††† Honorable Richard L. Hood
††††††††††† †††††††† †††Joseph Hobson, Esquire