Opinion
No. 85-671.
October 16, 1985.
Appeal from Circuit Court, St. Lucie County; Royce R. Lewis, Judge.
Harry M. Solomon of Joel Hirschhorn, P.A., Miami, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Richard G. Bartmon, Asst. Atty. Gen., West Palm Beach, for appellee.
We have carefully reviewed the transcripts of the deposition and motion to suppress in this case, and it is clear to us that the investigating trooper first smelled marijuana in the subject vehicle while standing outside the vehicle — without any intrusion — and also smelled it subsequently when his head intruded into the vehicle. Accordingly, we conclude that the motion to suppress was properly denied; and we affirm.
HERSEY, C.J., and DOWNEY and GLICKSTEIN, JJ., concur.