R.L.H. v. State

Full title: R.L.H., A JUVENILE, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Aug 2, 1995

658 So. 2d 661 (Fla. Dist. Ct. App. 1995)

Opinion

No. 95-295.

August 2, 1995.

Appeal from the Circuit Court, Dade County, Cindy Lederman, J.

Bennett H. Brummer, Public Defender, and Robert Kalter, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Richard L. Polin and Angelica D. Zayas, Asst. Attys. Gen., and Kenneth J. DeMoor, Certified Legal Intern, for appellee.

Before BASKIN, JORGENSON and COPE, JJ.

PER CURIAM.

R.L.H., a juvenile, seeks reversal of an order denying his motion to suppress evidence. We reverse. The officer did not have probable cause to seize the manila envelope on the mere belief that the envelope contained marijuana. The record reveals no testimony establishing that the officer arrested R.L.H. at a "narcotics-transaction site where the type of container seized was utilized as a principal means to convey narcotics." P.L.R. v. State, 455 So.2d 363, 366 (Fla. 1984), cert. denied, 469 U.S. 1220, 105 S.Ct. 1206, 84 L.Ed.2d 349 (1985). The trial court erred in denying the suppression motion.

Reversed and remanded.