MARK OLIVEIRA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
This is an appeal from a conviction and sentence for possession of an illegal drug, Diazepam. We reverse because we agree with appellant that the trial court erred in denying his motion to suppress the drugs.
The appellant was in an automobile accident and injured. While appellant was on a stretcher in a state of semi-consciousness, a police officer went through his pockets looking for a driver’s license or other form of identification. The officer found a container of tablets which the officer later described as appearing to be “prescription medicine.” The officer seized the container and several days later, arrested the appellant for possession of illegal drugs after having the tablets chemically tested. We reverse on the authority of Shepherd v. State, 343 So. 2d 1349 (Fla. 1st DCA 1977), because we find that the state failed to present evidence that the officer had probable cause to believe the “prescription medicine” he seized was an illegal substance. Without that probable cause, he had no right to seize the tablets.
ANSTEAD, GLICKSTEIN and GUNTHER, JJ., concur.
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Johnson v. State, 559 So. 2d 729 (Fla. 4th DCA 1990)…ituting reversible error. Black v. State, 545 So. 2d 498 (Fla. 4th DCA 1989); Beneby v. State, 354 So. 2d 98 (Fla. 4th DCA), cert. denied., 359 So. 2d 1220 (Fla.1978); Buckann v. State, 356 So. 2d 1327 (Fla. 4th DCA 1978). See also Lockett v. State, 527 So. 2d 959 (Fla. 4th DCA 1988). We so hold and reverse for a new trial. As we did in Gillion v. State, 547 So. 2d 719 (Fla. 4th DCA 1989), we certify the following question as one of great public importance: DOES THE MERE IDENTIFICATION OF A LOCATION AS A H…
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Carlton Black v. State, 545 So. 2d 498 (Fla. 4th DCA 1989)…other officer testified that the vacant garage was a “base house” where he had made numerous past arrests. Appellant contends, relying on Beneby v. State, 354 So. 2d 98 (Fla. 4th DCA), cert. denied, 359 So. 2d 1220 (Fla.1978), and Lockett v. State, 527 So. 2d 959 (Fla. 4th DCA 1988), that the admission of the objected-to testimony constituted reversible error. We agree and would reverse on this point as well. See Buckhann v. State, 356 So. 2d 1327 (Fla. 4th DCA 1978). [*500] We reverse and remand for a new t…
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M.L. v. State, 47 So. 3d 911 (Fla. 3d DCA 2010)…ficer, prior to the seizure, had probable cause to believe that the partially concealed pipe in the bag was illegal drug paraphernalia or evidence of criminal activity. Without that, the officer had no right to seize the pipe. See Oliveira v. State, 527 So. 2d 959 (Fla. 4th DCA 1988) (“[T]he State failed to present evidence that the officer had probable cause to believe the ‘prescription medicine’ he seized was an illegal substance. Without that probable cause, he had no right to seize the tablets.”). In Cap…
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- Shepherd v. State, 343 So. 2d 1349 (Fla. 1st DCA 1977)