STATE OF FLORIDA, APPELLANT,
v.
GREGORY T. WELLS, APPELLEE
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This case concerns whether the smell of burning marijuana emanating from a vehicle provides sufficient probable cause for a warrantless search of the vehicle's passenger compartment and any closed containers within. The appellate court reversed the trial court's suppression ruling, finding that the odor alone established probable cause.
Yes, the odor of burning marijuana emanating from a vehicle or a person exiting a vehicle provides probable cause to believe a crime has been committed, authorizing the arrest of the person and a warrantless search of the vehicle's passenger compartment and closed containers.
[1] The odor of burning marijuana emanating from a vehicle or a person exiting a vehicle provides probable cause to believe a crime has been committed and authorizes a warran…
[2] Probable cause to believe a crime has been committed based on the smell of marijuana authorizes the arrest of the person and a warrantless search of the vehicle, either b…
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Join FLexlaw to unlock all legal intelligence“When a police officer who knows the smell of burning marijuana detects that odor emanating from a vehicle, or from a person who has recently exited a vehicle, he has probable cause to believe a crime has been committed and that such person has committed it.”
Establishes the legal standard for probable cause based on the smell of marijuana.
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Join FLexlaw to unlock all legal intelligenceA police officer lawfully approached a van parked in a business lot. As the defendant exited the van, the officer smelled and recognized the odor of b…
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COWART, Judge.
As a police officer lawfully approached a van lawfully parked in a business parking lot and the defendant exited the van, the officer smelled and recognized the odor of burning marijuana coming from the van. The officer detained the defendant and searched the passenger compartment of the van. The search revealed one closed container with thirty-one partially burned marijuana 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 1982); State v. Schneider, 401 So. 2d 865 (Fla. 3d DCA 1981); Dixon v. State, 343 So. 2d 1345 (Fla. 2d DCA 1977); State v. Boyle, 326 So. 2d 225 (Fla. 2d DCA 1976).
The mere possession of marijuana is illegal. When a police officer who knows the smell of burning marijuana detects that odor emanating from a vehicle, or from a person who has recently exited a vehicle, he has probable cause to believe a crime has been committed and that such person has committed it. This probable cause authorizes the arrest of such person and a warrantless search, either before or after the arrest, of the passenger compartment of the vehicle, and closed containers therein, for evidence of the crime. See U.S. v. Ross, 456 U.S. 798, 102 S.Ct. 2157, 72 L.Ed.2d 572 (1982); New York v. Belton, 453 U.S. 454, 101 S.Ct. 2860, 69 L.Ed.2d 768 (1981); Rawlings v. Kentucky, 448 U.S. 98, 100 S.Ct. 2556, 65 L.Ed.2d 633 (1980); State v. King, 405 So. 2d 770 (Fla. 5th DCA 1981).
The order suppressing the evidence is reversed and the cause remanded for further proceedings.
REVERSED and REMANDED.
DAUKSCH and COBB, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (14 total)
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State v. T.T., 594 So. 2d 839 (Fla. 5th DCA 1992)…to recognize the odor of marijuana and who is familiar with it and can recognize it has probable cause, based on the smell alone, to search a person or a vehicle for contraband. 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). As this court noted in Wells: The mere possession of marijuana is illegal. When a police officer who knows the smell of burning marijuana detects that odor emanating from a v…
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Blake v. State, 939 So. 2d 192 (Fla. 5th DCA 2006)…use the officer has probable cause, he or she is authorized to arrest the person and then to conduct a warrant-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, subst…
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Indialantic Police Dep't v. Zimmerman, 677 So. 2d 1307 (Fla. 5th DCA 1996)…ested and obtained permission to search the truck. The odor of marijuana coming from the knapsack would have permitted him to discover the contraband inside the knapsack. See Rogers v. State, 586 So. 2d 1148, 1152 (Fla. 2d DCA 1991); State v. Wells, 516 So. 2d 74 (Fla. 5th DCA 1987); State v. Reeves, 488 So. 2d 670 (Fla. 4th DCA 1986). Thus, it was proper for the trial court to consider the presence of the contraband in the truck, and the truck’s role in transporting it, in making a probable cause finding re…
Previewing 3 of 14 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited (11 total)
- United States v. Ross, 456 U.S. 798 (U.S. 1982)
- New York v. Belton, 453 U.S. 454 (U.S. 1981)
- Rawlings v. Kentucky, 448 U.S. 98 (U.S. 1980)
- Dixon v. State, 343 So. 2d 1345 (Fla. 2d DCA 1977)
- Shenker v. Shenker, 405 So. 2d 770 (Fla. 5th DCA 1981)
- State v. Bennett, 481 So. 2d 971 (Fla. 5th DCA 1986)
- State v. Boyle, 326 So. 2d 225 (Fla. 2d DCA 1976)
- Norris v. State, 401 So. 2d 865 (Fla. 3d DCA 1981)
- State v. Reeves, 488 So. 2d 670 (Fla. 4th DCA 1986)
- State v. Koch, 455 So. 2d 492 (Fla. 1st DCA 1984)