THE STATE OF FLORIDA, APPELLANT,
v.
DAVID A. TOFFOLIO AND RUSSELL L. JOHNSON, APPELLEES
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SMITH, Judge.
The State appeals from an interlocutory order granting appellees’ motions to suppress as evidence the marijuana taken from their vehicle in a warrantless search. Acting on suspicion that appellees were dumping garbage illegally, an officer approached their vehicle, which was parked in a vacant lot next to the highway. At the vehicle, the officer smelled marijuana. He searched for it, seized it and arrested appellees for possession of it.
Appellees did not claim to have any interest in the vacant lot creating an expectation of privacy protected by the Fourth Amendment. The officer was privileged to approach the vehicle. Once there, the smell of marijuana emanating from the vehicle justified searching the vehicle and seizing the marijuana. Berry v. State, 316 So. 2d 72 (Fla. 1st DCA 1975); State v. Boyle, 326 So. 2d 225 (Fla. 2d DCA 1976); Mattson v. State, 328 So. 2d 246 (Fla. 1st DCA 1976).
REVERSED.
MILLS, Acting C. J., and ERVIN, J., concur.
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Gross v. State, 362 So. 2d 394 (Fla. 4th DCA 1978)…, rev’d on other grounds, 335 So. 2d 5 (Fla.1976); and that the warrantless search of the highly movable airplane was, under all the circumstances, entirely reasonable. Miranda v. State, 354 So. 2d 411, 413-414 (Fla. 3d DCA 1978); State v. Toffolio, 349 So. 2d 174 (Fla. 1st DCA 1977); Davis v. State, supra; Dixon v. State, 343 So. 2d 1345 (Fla. 2nd DCA 1977); U. S. v. Chadwick, 433 U.S. 1, 97 S.Ct. 2476, 53 L.Ed.2d 538 (1977). The defendants’ final point concerns the fact that the prosecutor elicited, on dir…
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Lopez v. State, 374 So. 2d 551 (Fla. 3d DCA 1979)…arroll v. United States, 267 U.S. 132, 45 S.Ct. 280, 69 L.Ed.2d 543 (1925), adopted by § 933.19, Fla.Stat. (1977); Turner v. State ex rel. Pellerin, 272 So. 2d 129 (Fla.1973); State v. Stevens, 354 So. 2d 1244 (Fla. 4th DCA 1978); State v. Toffolio, 349 So. 2d 174 (Fla. 1st DCA 1977); Harris v. Tyson, 267 So. 2d 390 (Fla. 4th DCA 1972); State ex rel. Wincor v. Turner, 222 So. 2d 763 (Fla. 3d DCA 1969).…
Authorities Cited
- Berry v. State, 316 So. 2d 72 (Fla. 1st DCA 1975)
- Mattson v. State, 328 So. 2d 246 (Fla. 1st DCA 1976)
- State v. Boyle, 326 So. 2d 225 (Fla. 2d DCA 1976)