STATE OF FLORIDA, APPELLANT,
v.
LUCIO HERNANDEZ, APPELLEE
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The court held that the odor of marijuana emanating from a group, coupled with the defendant's attempt to evade officers, provided probable cause for arrest and search.
[1] The strong odor of marijuana emanating from a group of people provides probable cause to believe that individuals within the group possess marijuana, justifying a search…
[2] A search incident to a lawful arrest may precede the arrest if the officer possesses probable cause to arrest the defendant before conducting the search.
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Join FLexlaw to unlock all legal intelligenceOfficers detected a strong odor of marijuana from a group, and the defendant attempted to walk away when approached. The defendant consented to a sear…
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FRANK, Acting Chief Judge.
The State appeals from an order suppressing marijuana and brass knuckles found on Lucio Hernandez’s person. We reverse; the police officers had probable cause to arrest and search Hernandez.
Immediately prior to Hernandez’s arrest, Detective Sposato and Officer Waiters were on patrol at the county fair. While driving with the car windows down, the officers passed a large group. They smelled a strong odor of marijuana emanating from the cluster of people. The officers stopped their vehicle, exited and approached the group. The odor became stronger as they neared the people. When the officers approached, Hernandez started to walk away. Detective Sposato told Hernandez that he wanted to talk to him, but Hernandez continued on his way. When the detective caught up with him, he again noticed the odor of marijuana. Detective Sposato asked Hernandez if he could search him, and Hernandez consented. During a pat-down, the officer felt what he believed to be a firearm, but it turned out to be brass knuckles. Detective Sposato again searched Hernandez and found marijuana. Detective Sposato testified at the suppression hearing that he was trained to recognize the distinctive odor of marijuana and has smelled marijuana residue numerous. times.
The odor of marijuana gave the officers probable cause to believe the members of the group had marijuana in their possession and, therefore, to search each person who was present. See State v. Wynn, 628 So. 2d 848 (Fla. 2d DCA 1993). See also State v. T.T., 594 So. 2d 839 (Fla. 5th DCA 1992). Furthermore, a search incident to a lawful arrest can precede the arrest if the officer has probable cause to arrest the defendant prior to the search. See Baggett v. State, 562 So. 2d 359 (Fla. 2d DCA 1990).
The officers observed Hernandez as a member of the group from which the odor of marijuana emanated and, on that basis, had probable cause to stop and search him. Accordingly, the trial court erred in granting Hernandez’s mption to suppress.
Reversed.
FULMER and NORTHCUTT, JJ., concur.
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Citator
Cited By (11 total)
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State v. Whitley, 846 So. 2d 1163 (Fla. 5th DCA 2003)…nciple that a pre-arrest search is considered incidental to a lawful arrest if the officer had probable cause to make the arrest at the time the search was conducted. See, e.g., State v. M.A.D., 721 So. 2d 412 (Fla. 3d DCA 1998); State v. Hernandez, 706 So. 2d 66 (Fla. 2d DCA 1998); State v. Russell, 659 So. 2d 465 (Fla. 3d DCA), review denied, 665 So. 2d 220 (Fla.1995); Butler v. State, 634 So. 2d 700 (Fla. 1st DCA 1994), quashed on other grounds, 655 So. 2d 1123 (Fla.1995); State v. Boulia, 522 So. 2d 528…
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A.T. v. State, 93 So. 3d 1159 (Fla. 4th DCA 2012)…ntification and attempted to walk away. Thus, the finding of guilt as to resisting an officer without violence must be reversed. Reversed and remanded for entry of judgment of dismissal. STEVENSON and TAYLOR, JJ., concur. . In State v. Hernandez, 706 So. 2d 66 (Fla. 2d DCA 1998), the Second District held that "[t]he [strong] odor of marijuana [emanating from a cluster of people] gave the officers probable cause to believe the members of the group had marijuana in their possession and, therefore, to search…
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Green v. State, 831 So. 2d 1243 (Fla. 2d DCA 2002)…who is trained to recognize and is familiar with the odor of marijuana has probable cause, based on the smell alone, to search a person or a vehicle for contraband. State v. T.T., 594 So. 2d 839, 840 (Fla. 5th DCA 1992); see also State v. Hernandez, 706 So. 2d 66, 67 (Fla. 2d DCA 1998). The trial court relied on T.T., Hernandez, and State v. Wynn, 623 So. 2d 848 (Fla. 2d DCA 1993), in support of its conclusion that the odor of marijuana gave the officers probable cause to believe the members of the group had…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. T.T., 594 So. 2d 839 (Fla. 5th DCA 1992)
- Gale Glass Baggett v. State, 562 So. 2d 359 (Fla. 2d DCA 1990)