County Criminal Court: CRIMINAL LAW – Search and Seizure -- Stop --- Odor of burnt marijuana emanating from a vehicle gives the police probable cause to search both the vehicle and its occupants. Order to suppress reversed. State v. Charles, No. CRC 06-60 APANO (Fla. 6^th Cir.App. Ct. October 24, 2007).

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 06-60 APANO

UCN522006AP000060XXXXCR

v.

ERNEST V. CHARLES

Appellee.

________________________________/

Opinion filed ________________.

Appeal from a decision of the

Pinellas County Court

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 State’s appeal from a decision of the Pinellas County Court granting the defendant’s motion to suppress. After reviewing the briefs and record, this Court reverses the order granting the defendant’s 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 defendant’s motion to suppress, stating that the smell of marijuana was insufficient to justify a search. The State is appealing that ruling.

Contrary to the trial court’s 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 (Fla. 2002); State v. Williams, 2007 WL 2681794, 32 Fla. L. Weekly D2188 (Fla. 1^st DCA Sept. 14, 2007) and cases cited therein.

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

DONE AND ORDERED in Clearwater, Pinellas County, this _____ day of October, 2007.

___________________________ ____________________________

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