State v. Ouellette

District Court of Appeal of Florida

State v. Ouellette

382 So. 2d 836, 1980 Fla. App. LEXIS 15971

CourtDistrict Court of Appeal of Florida

DecidedApril 16, 1980

DocketNo. 79-1792

StatusPublished

This text of 382 So. 2d 836 (State v. Ouellette) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Ouellette, 382 So. 2d 836, 1980 Fla. App. LEXIS 15971 (Fla. Ct. App. 1980).

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Opinion

MOORE, Judge.

It is not necessary to recite the facts in this search and seizure case. The trial court granted appellee’s motion to suppress contraband because the search was predicated on the arresting officer’s belief that marijuana was a controlled substance proscribed by Section 893.03(l)(c) Florida Statutes (1977), which the trial judge had previously declared unconstitutional. Since then, the Florida Supreme Court has again upheld the classification of cannabis as a controlled substance. Town v. State ex rel. Reno, 377 So.2d 648 (Fla.1979); Hamilton v. State, 366 So.2d 8 (Fla.1978).

Accordingly, the order suppressing the contraband is reversed and this cause remanded with directions to the trial court to consider the remaining points raised by the motion to suppress.

LETTS and HERSEY, JJ., concur.

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MOORE, Judge.

It is not necessary to recite the facts in this search and seizure case. The trial court granted appellee’s motion to suppress contraband because the search was predicated on the arresting officer’s belief that marijuana was a controlled substance proscribed by Section 893.03(l)(c) Florida Statutes (1977), which the trial judge had previously declared unconstitutional. Since then, the Florida Supreme Court has again upheld the classification of cannabis as a controlled substance. Town v. State ex rel. Reno, 377 So.2d 648 (Fla.1979); Hamilton v. State, 366 So.2d 8 (Fla.1978).

Accordingly, the order suppressing the contraband is reversed and this cause remanded with directions to the trial court to consider the remaining points raised by the motion to suppress.

LETTS and HERSEY, JJ., concur.

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Bluebook (online)

382 So. 2d 836, 1980 Fla. App. LEXIS 15971, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ouellette-fladistctapp-1980.

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