WILLIE LEE MARSHALL, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (15 total)

• P.L.R. v. State, 455 So. 2d 363 (Fla. 1984)
  …man does not have the right to seize a hand-rolled cigarette without a warrant simply because it is suspected that it contains marijuana. Certainly a hand-rolled cigarette is more apt to contain marijuana than a manila envelope. In Harris v. State, 352 So. 2d 1269 (Fla.2d DCA 1977), the officer observed defendant and companion in the area of a highway ramp. As a vehicle approached, the officer suspected that defendant was about to hitchhike. He was seen carrying a brown paper sack. As the officer approached,…

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• Clark A. Caplan v. State, 531 So. 2d 88 (Fla. 1988)
  …had held that the mere observation of two hand-rolled cigarettes in an automobile does not in and of itself give rise to probable cause to search that automobile. Id. at 959. See Thompson v. State, 405 So. 2d 501 (Fla. 2d DCA 1981); Harris v. State, 352 So. 2d 1269 (Fla. 2d DCA 1977). This Court in P.L.R. specifically declined to reject or disapprove the analysis in Carr. On the contrary, we distinguished Carr, Thompson and Harris from several other cases holding that the observation of opaque containers such…
• State v. Ellison, 455 So. 2d 424 (Fla. 2d DCA 1984)
  …hat they contain marijuana. Carr. Similarly, seizure of a plastic baggie ensconced in a shirt pocket is impermissible when the seizure is based solely on the officer’s knowledge that marijuana is commonly carried in such containers. Harris v. State, 352 So. 2d 1269 (Fla. 2d DCA 1977). See also Bailey. Likewise, a brown manila envelope, which could contain “any number of items,” cannot be opened and investigated without a warrant where the officer had no reason to believe that it contained marijuana even though…

Authorities Cited

• Brooks v. State, 349 So. 2d 794 (Fla. 2d DCA 1977)
• A. J. House & Sons, Inc. v. Smith, 317 So. 2d 450 (Fla. 3d DCA 1975)
• Thomas v. State, 317 So. 2d 450 (Fla. 3d DCA 1975)