Collie v. State

Full title: Joshua Trelee Collie, Appellant, v. State of Florida, Appellee.

Court: Florida Court of Appeals, First District

Date published: Jan 12, 2022

No. 1D21-103 (Fla. Dist. Ct. App. Jan. 12, 2022)

Opinion

1D21-103

01-12-2022

Joshua Trelee Collie, Appellant, v. State of Florida, Appellee.

Jessica J. Yeary, Public Defender, and Jasmine Russell, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General and Benjamin L. Hoffman, Assistant Attorney General, Tallahassee, for Appellee.

Per Curiam

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

On appeal from the Circuit Court for Escambia County. Jennie Kinsey, Judge.

Jessica J. Yeary, Public Defender, and Jasmine Russell, Assistant Public Defender, Tallahassee, for Appellant.

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

Per Curiam

Affirmed. See Bennett v. State, 111 So.3d 983, 986 (Fla. 1st DCA 2013) (recognizing that "a well-trained dog's alert establishes a fair probability-all that is required for probable cause-that either drugs or evidence of a drug crime . . . will be found") (quoting Florida v. Harris, 133 S.Ct. 1050, 1057 (2013)); see also Owens v. State, 317 So.3d 1218, 1220 (Fla. 2d DCA 2021) (holding that "regardless of whether the smell of marijuana is indistinguishable from that of hemp, the smell . . . from a vehicle continues to provide probable cause for a warrantless search of the vehicle"); Johnson v. State, 275 So.3d 800, 802 (Fla. 1st DCA 2019) (noting that "the possibility that a driver might be a medical-marijuana user would not automatically defeat probable cause").

Rowe, C.J., and Osterhaus and Winokur, JJ., concur. 1