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349 So. 2d 174

State v. Toffolio

District Court of Appeal of Florida · decided 1977-03-09

Cited by 2 later decisions — most recently July 1979

2 state decisions

Relies on 316 So. 2d 72 - Berry v. State · 328 So. 2d 246 - Mattson v. State · 326 So. 2d 225 - State v. Boyle

Good law ✅— No negative treatment on recordhow we know

Decided 1977-03-09

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SMITH, Judge.

¶1The State appeals from an interlocutory order granting appellees’ motions to suppress as evidence the marijuana taken from their vehicle in a warrantless search. Acting on suspicion that appellees were dumping garbage illegally, an officer approached their vehicle, which was parked in a vacant lot next to the highway. At the vehicle, the officer smelled marijuana. He searched for it, seized it and arrested appellees for possession of it.

¶2Appellees did not claim to have any interest in the vacant lot creating an expectation of privacy protected by the Fourth Amendment. The officer was privileged to approach the vehicle. Once there, the smell of marijuana emanating from the vehicle justified searching the vehicle and seizing the marijuana. Berry v. State, 316 So.2d 72 (Fla. 1st DCA 1975); State v. Boyle, 326 So.2d 225 (Fla. 2d DCA 1976); Mattson v. State, 328 So.2d 246 (Fla. 1st DCA 1976).

¶3REVERSED.

MILLS, Acting C. J., and ERVIN, J., concur.
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