STATE OF FLORIDA, APPELLANT,
v.
LEONARD ALEXANDER JENKINS, APPELLEE
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Florida's Second District Court of Appeal reversed the trial court's suppression order, holding that a police officer who legally entered a residence and observed marijuana in plain view could seize it without a warrant.
When an officer legally enters a constitutionally protected area and observes contraband in plain view, the officer may constitutionally seize it without first obtaining a warrant.
[1] When an officer lawfully enters a constitutionally protected area and observes contraband in plain view, the officer may seize it without a warrant.
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Join FLexlaw to unlock all legal intelligenceA police officer entered appellee's residence in response to a neighbor's welfare concern and observed marijuana in plain view in several locations.…
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OTT, Judge.
Appellee was charged with possession of marijuana. A police officer had entered his residence in response to a call from a neighbor, who was justifiably concerned for appellee’s welfare. The officer observed marijuana in plain view in several locations, and seized it without obtaining a warrant. The trial court granted appellee’s motion to suppress the evidence, after making the following findings: 1. under the emergency doctrine the officer had a right to enter the house;
2. the officer did not suspect the presence of illegal drugs;
3. the contraband was in plain view;
4. the house was vacant, the contraband was in no danger of being destroyed or removed, and no one was present in the house; and
5. warrantless seizure was not necessary by reason of the time element of other exigent circumstances.
The state contends on appeal that a warrant was not required because the marijuana was in plain view. We agree and reverse.
When an officer legally enters a constitutionally protected area and observes contraband in plain view, he may constitutionally seize it without first obtaining a warrant. Ensor v. State, 403 So. 2d 349 (Fla.1981).
Accordingly, it was error for the trial court to grant appellee’s motion to suppress.
REVERSED and REMANDED.
GRIMES, A. C. J., and DANAHY, J., concur.