L.S., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Court affirmed juvenile delinquency adjudication for cannabis possession, holding that officer had reasonable suspicion to order occupants from car parked at closed gas station and lawfully seized cannabis based on plain view of suspicious envelopes.
An officer had reasonable suspicion to order occupants from a car parked at a closed gas station at 9:45 P.M., and lawfully searched the passenger compartment based on plain view of envelopes recognized as common cannabis containers.
[1] An officer has reasonable suspicion to order occupants from a vehicle parked at a closed commercial establishment during non-business hours, presenting a prima facie tres…
[2] Plain view observation of mini-manila envelopes, recognized by an officer based on law enforcement experience as common containers for cannabis, justifies a search of a v…
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Join FLexlaw to unlock all legal intelligenceL.S., a juvenile, was found in a car parked at a closed Texaco gas station at 9:45 P.M. with a companion. An arresting officer observed two mini-manil…
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PER CURIAM.
This is an appeal by the respondent L.S. from a juvenile delinquency adjudication for unlawful possession of cannabis which was entered below based on a nolo contendere plea in which the respondent reserved for appeal the denial of his motion to suppress. We affirm based on a holding that (a) the arresting police officer had a reasonable suspicion of criminal activity when he ordered the respondent and his companion out of their car — namely, that the car with its two occupants was parked at 9:45 P.M. in a Texaco gas station which was closed for business at the time, thereby presenting a prima facie trespass of private property in a commercial area which was also generally closed for business, State v. Kibbee, 513 So. 2d 256 (Fla. 2d DCA 1987); (b) the police officer thereafter conducted a reasonable search of the passenger compartment of the car based on the officer’s plain view observation of two mini-manila envelopes which the officer recognized, based on his law enforcement experience, as common containers for cannabis; P.L.R. v. State, 455 So. 2d 363 (Fla. 1984), cert. denied, 469 U.S. 1220, 105 S.Ct. 1206, 84 L.Ed.2d 349 (1985); Lachs v. State, 366 So. 2d 1223 (Fla. 4th DCA 1979); see Palmer v. State, 467 So. 2d 1063 (Fla. 3d DCA 1985); and (c) the trial court therefore properly denied the respondent’s motion to suppress the subject cannabis which was seized from the mini-manila envelopes during the aforesaid search. We have not overlooked the state’s confession of error in this case, but are neither persuaded nor bound thereby.
Affirmed.
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State v. Lozano, 616 So. 2d 73 (Fla. 1st DCA 1993)…ting motion for change of venue was reversible error where the same party specifically stated at trial that there was no objection to the change). While this court would not be bound by what would be, in effect, a confession of error, L.S. v. State, 547 So. 2d 1032 (Fla. 3d DCA1989), the likelihood of reversal is great indeed. . The American Bar Association Standards of Criminal Justice Relating to the Prosecution Function (adopted by Rule 4-3.8, Florida Rules of Professional Conduct) Standard 3-1.1(b) provid…
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Dinardo v. State, 742 So. 2d 287 (Fla. 1st DCA 1998)…ate, 705 So. 2d 951 (Fla. 1st DCA 1998) compel reversal here. A legally incorrect confession of error is not binding upon or required to be accepted by an appellate court. See Santiago v. State, 669 So. 2d 334, 335 (Fla. 3d DCA 1996); L.S. v. State, 547 So. 2d 1032 (Fla. 3d DCA 1989).…
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Gordon v. State, 219 So. 3d 189 (Fla. 3d DCA 2017)…of the property and if it and the act of taking constitute a continuous series of acts or events. § 812.13(3)(b) (2014) (emphasis added). See Rockmore v. State, 140 So. 3d 979, 982-83 (Fla. 2014) (explaining history of amendment); Fonseca v. State, 547 So. 2d 1032 (Fla. 3d DCA 1989) (same); Stuckey v. State, 972 So. 2d 918 (Fla. 5th DCA 2007) (same). See also Fla. Std. J. Inst. (Crim.) 15.1; Fla. Std. J. Inst. (Crim.) 3.12 (Verdict) (providing in "Comments” to Instruction: "For compounded offenses, such as Bu…
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
- P.L.R. v. State, 455 So. 2d 363 (Fla. 1984)
- Palmer v. State, 467 So. 2d 1063 (Fla. 3d DCA 1985)
- Bellman v. United States, 469 U.S. 1220 (U.S. 1985)
- P. L. R. v. Florida, 469 U.S. 1220 (U.S. 1985)
- State v. Kibbee, 513 So. 2d 256 (Fla. 2d DCA 1987)
- Black v. State, 366 So. 2d 1223 (Fla. 3d DCA 1979)
- Lachs v. State, 366 So. 2d 1223 (Fla. 4th DCA 1979)