STATE OF FLORIDA, APPELLANT,
v.
ROBERT WESLEY BENNETT, APPELLEE
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The odor of burnt marijuana emanating from a car or driver is sufficient probable cause to justify a search of the car.
A deputy sheriff stopped Bennett for a traffic infraction and smelled burnt marijuana. Bennett consented to a search of the car, but the officer opene…
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[*972] SHARP, Judge.
The state appeals from an order granting Bennett’s motion to suppress evidence of marijuana and cocaine which were discovered after a search of the automobile Bennett was driving. The trial court ruled that, as a matter of law, the odor of burnt marijuana which was wafting from Bennett or the car could not provide probable cause for the officer’s search, “without something more than just plain smell.” We disagree and reverse.
A deputy sheriff stopped Bennett for a traffic infraction. While standing next to Bennett’s car, the officer smelled an odor of burnt marijuana. Bennett gave the officer permission to look inside the car. The officer did so, but seeing nothing incriminating, he took the ignition key and opened the glove box. This led to the discovery of the contraband in the glove compartment and trunk.
We agree with the trial court that the appellant’s consent did not extend to a search of the glove compartment and the cargo area of the car;1 however, contrary to the trial court’s legal conclusion, we think that the odor of marijuana emanating from a car or a driver who recently exited his car, is sufficient probable cause to justify a search of the car. See Newman v. State, 476 So. 2d 775 (Fla. 4th DCA 1985); McGowan v. State, 351 So. 2d 1116 (Fla. 4th DCA 1977); Berry v. State, 316 So. 2d 72 (Fla. 1st DCA 1975); State v. Jones, 222 So. 2d 216 (Fla. 3rd DCA 1969). Compare: Brown v. State, 330 So. 2d 861 (Fla. 4th DCA 1976) (error not to suppress because police officer only suspected odor emanating from defendant was marijuana and in fact stated that it may have been defendant’s perfume or after shave lotion). Accordingly, we reverse the order granting the motion to suppress.
REVERSED.
COBB, C.J., and UPCHURCH, J., concur. . See State v. Carney, 423 So. 2d 511 (Fla. 3rd DCA 1982); Goldberg v. State, 407 So. 2d 352 (Fla. 4th DCA 1981); Major v. State, 389 So. 2d 1203 (Fla. 3rd DCA 1980), review denied, 408 So. 2d 1095 (Fla.1981).
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Blake v. State, 939 So. 2d 192 (Fla. 5th DCA 2006)…rant-less search. See State v. T.T., 594 So. 2d 839 (Fla. 5th DCA 1992); State v. Jarrett, 530 So. 2d 1089 (Fla. 5th DCA 1988); State v. Wells, 516 So. 2d 74 (Fla. 5th DCA 1987); State v. Reeves, 488 So. 2d 670 (Fla. 4th DCA 1986); State v. Bennett, 481 So. 2d 971 (Fla. 5th DCA 1986). Compare Smith v. State, 904 So. 2d 534, 537 (Fla. 1st DCA 2005). We conclude, therefore, that there was competent, substantial evidence to support the findings of the trial court, and we conclude further that there was no error…
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State v. Wells, 516 So. 2d 74 (Fla. 5th DCA 1987)…a cigarettes (roaches) and a second closed container with five plastic bags (baggies) of marijuana. The officer then arrested the defendant. The trial judge granted the defendant’s motion to suppress. We reverse on the authority of State v. Bennett, 481 So. 2d 971 (Fla. 5th DCA 1986) and cases cited therein, as well as State v. Reeves, 488 So. 2d 670 (Fla. 4th DCA 1986); State v. Koch, 455 So. 2d 492 (Fla. 1st DCA 1984), cause dismissed, 466 So. 2d 217 (Fla.1985); State v. Gullett, 418 So. 2d 406 (Fla. 2d DCA…
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Greene v. State, 532 So. 2d 1309 (Fla. 5th DCA 1988)…eeds 2 in the tray of the car door clearly gave him probable cause to search the entire vehicle. See United States v. Ross, 456 U.S. 798, 102 S.Ct. 2157, 72 L.Ed.2d 572 (1982); State v. Jarrett, 530 So. 2d 1089 (Fla. 5th DCA 1988); State v. Bennett, 481 So. 2d 971 (Fla. 5th DCA 1986); Boykin v. State, 421 So. 2d 538 (Fla. 5th DCA 1982). [*1311] The trooper then discovered drug paraphernalia and numerous vials of cocaine and bags of drug-type items in the vehicle. After the occupants of the vehicle were placed…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Stoute v. State, 476 So. 2d 775 (Fla. 4th DCA 1985)
- Berry v. State, 316 So. 2d 72 (Fla. 1st DCA 1975)
- Major v. State, 389 So. 2d 1203 (Fla. 3d DCA 1980)
- Goldberg v. State, 407 So. 2d 352 (Fla. 4th DCA 1981)
- State v. Jones, 222 So. 2d 216 (Fla. 3d DCA 1969)
- Brown v. State, 330 So. 2d 861 (Fla. 4th DCA 1976)
- Abbass Khonsary v. Picciolo, 423 So. 2d 511 (Fla. 3d DCA 1982)
- McGOWAN v. State, 351 So. 2d 1116 (Fla. 4th DCA 1977)