STATE OF FLORIDA, PETITIONER,
v.
GARY ALAN MATHESON, RESPONDENT
STATE OF FLORIDA, PETITIONER,
GARY ALAN MATHESON, RESPONDENT
896 So. 2d 748
Florida Supreme Court (2005)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
We initially accepted jurisdiction pursuant to article V, section 3(b)(3), Florida Constitution, to review Matheson v. State, 870 So. 2d 8 (Fla. 2d DCA 2003), based on express and direct conflict with Vetter v. State, 395 So. 2d 1199 (Fla. 3d DCA 1981). Upon further consideration, we have determined that we should exercise our discretion and discharge jurisdiction. Accordingly, this review proceeding is hereby dismissed.
It is so ordered.
PARIENTE, C.J., and WELLS, ANSTEAD, LEWIS, QUINCE, and BELL, JJ., concur. CANTERO, J., dissents.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Tanner, 915 So. 2d 762 (Fla. 2d DCA 2005)…gs. The trial court granted Ms. Tanner’s motion to suppress the illegal drugs. It concluded that the deputies had no basis to seize Ms. Tanner’s purse. The trial court, relying on Matheson v. State, 870 So. 2d 8 (Fla. 2d DCA 2003), review dismissed, 896 So. 2d 748 (Fla.2005), cert. denied, - U.S. -, 126 S.Ct. 545, 163 L.Ed.2d 499 (2005), also concluded that insufficient records of Jerry Lee’s field [*764] performance and his lack of training to disregard residual drug odors.rendered invalid the deputies’ sear…
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Rehm v. State, 931 So. 2d 1071 (Fla. 4th DCA 2006)…ate, 911 So. 2d 861 (Fla. 1st DCA 2005) (reversing conviction based upon search of a person conducted following drug dog alert to vehicle); Matheson v. State, 870 So. 2d 8 (Fla. 2d DCA 2003), rev. granted, 880 So. 2d 1212 (Fla.2004), rev. dismissed, 896 So. 2d 748 (Fla.), cert. denied, — U.S. -, 126 S.Ct. 545, 163 L.Ed.2d 499 (2005) (holding that a dog alert, standing alone, was not sufficient to establish probable cause for search of a vehicle because of possibility of alert to dead scents necessitating indi…
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Frost v. State, 53 So. 3d 1119 (Fla. 4th DCA 2011)…lines of cases address the sufficiency of a police dog’s reliability to provide probable cause for a warrantless search. Frost relies on the first line of cases, which began with Matheson v. State, 870 So. 2d 8 (Fla. 2d DCA 2003), review dismissed, 896 So. 2d 748 (Fla.2005), cert. denied, 546 U.S. 998, 126 S.Ct. 545, 163 L.Ed.2d 499 (2005). In Matheson, the Second District held that a dog’s alert to the presence of drugs may provide probable cause, but not by itself; proof that a narcotic dog has been traine…
Authorities Cited
- Matheson v. State, 870 So. 2d 8 (Fla. 2d DCA 2003)
- Vetter v. State, 395 So. 2d 1199 (Fla. 3d DCA 1981)