Florida District Courts of Appeal, 1985

Newman v. State

Newman v. State
Florida District Courts of Appeal · Decided October 16, 1985 · Downey, Glickstein, Hersey
476 So. 2d 775; 10 Fla. L. Weekly 2359; 1985 Fla. App. LEXIS 16275 (Southern Reporter, Second Series)

Newman v. State

Opinion of the Court

PER CURIAM.

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.

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