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Charley v. State

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA
Jul 27, 2020
298 So. 3d 735 (Fla. Dist. Ct. App. 2020)

Opinion

No. 1D19-732

07-27-2020

Erica Nicole CHARLEY, Appellant, v. STATE of Florida, Appellee.

Andy Thomas, Public Defender, and Laurel Niles, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, and Benjamin Hoffman, Assistant Attorney General, Tallahassee, for Appellee.


Andy Thomas, Public Defender, and Laurel Niles, Assistant Public Defender, Tallahassee, for Appellant.

Ashley Moody, Attorney General, and Benjamin Hoffman, Assistant Attorney General, Tallahassee, for Appellee.

Per Curiam. AFFIRMED . Cf. United States v. Ross , 456 U.S. 798, 825, 102 S.Ct. 2157, 72 L.Ed.2d 572 (1982) (holding that probable cause to "search [ ] a lawfully stopped vehicle [ ] justifies the search of every part of the vehicle and its contents that may conceal the object of the search"); see State v. Williams , 967 So. 2d 941, 941 (Fla. 1st DCA 2007) (holding "that the odor of burnt cannabis emanating from a vehicle constitutes probable cause to search all occupants of that vehicle"); see State v. Tigner , 276 So. 3d 813, 816 (Fla. 4th DCA 2019) (reversing order of suppression because "smell of marijuana alone was sufficient to give the officers the requisite probable cause to search both the vehicle and its occupants" during lawful traffic stop, including a pouch that an occupant was ordered to leave inside the vehicle).

Ray, C.J., and Rowe and Tanenbaum, JJ., concur.


Summaries of

Charley v. State

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA
Jul 27, 2020
298 So. 3d 735 (Fla. Dist. Ct. App. 2020)
Case details for

Charley v. State

Case Details

Full title:ERICA NICOLE CHARLEY, Appellant, v. STATE OF FLORIDA, Appellee.

Court:FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA

Date published: Jul 27, 2020

Citations

298 So. 3d 735 (Fla. Dist. Ct. App. 2020)