Collie v. State

Full title: Joshua Trelee COLLIE, Appellant, v. STATE of Florida, Appellee.

Court: District Court of Appeal of Florida, First District.

Date published: Jan 12, 2022

331 So. 3d 1240 (Fla. Dist. Ct. App. 2022)

Opinion

No. 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.

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 , 568 U.S. 237, 133 S.Ct. 1050, 1057, 185 L.Ed.2d 61 (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.