Opinion
No. 4-86-0721.
March 25, 1987. Rehearing and Certification of Question Denied May 6, 1987.
Appeal from the Circuit Court, Indian River County, Dwight L. Geiger, J.
Mark King Leban of Mark King Leban, P.A., and Stanley J. Bartel, Miami, for appellant.
Robert A. Butterworth, Jr., Atty. Gen., Tallahassee, and Amy Lynn Diem, Asst. Atty. Gen., West Palm Beach, for appellee.
We hold that the trial court was eminently correct, upon the facts presented, in denying the motion to suppress. The marine patrol acted lawfully when it stopped the boat for a decal violation and when it subsequently boarded the boat for a registration check and safety inspection. See State v. Casal, 410 So.2d 152 (Fla. 1982), cert. dismissed, 462 U.S. 637, 103 S.Ct. 3100, 77 L.Ed.2d 277 (1983); Sherman v. State, 419 So.2d 375 (Fla. 1st DCA 1982).
Sections 327.11(5) and 328.07(5), Florida Statutes (1985).
Section 327.56, Florida Statutes (1985).
While on board, the marijuana was discovered in plain view and smell.
We, therefore, affirm the judgment and sentence.
Having acknowledged the correctness of the order denying the motion to suppress, the issue of standing, raised by the state for the first time on appeal, has been rendered moot. See State v. Abeles, 483 So.2d 460 (Fla. 4th DCA 1986).
Affirmed.
DOWNEY and STONE, JJ., and LEONARD RIVKIND, Associate Judge, concur.