Florida District Courts of Appeal, 1995

R.L.H. v. State

R.L.H. v. State
Florida District Courts of Appeal · Decided August 2, 1995 · Baskin, Cope, Jorgenson
658 So. 2d 661; 1995 Fla. App. LEXIS 8281; 1995 WL 453992 (Southern Reporter, Second Series)

R.L.H. v. State

Opinion of the Court

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 “nareotics-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 368, 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.

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