State v. Toffolio

District Court of Appeal of Florida

State v. Toffolio

349 So. 2d 174, 1977 Fla. App. LEXIS 16501

CourtDistrict Court of Appeal of Florida

DecidedMarch 9, 1977

DocketNo. EE-200

StatusPublished

Cited by2 cases

This text of 349 So. 2d 174 (State v. Toffolio) 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.

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State v. Toffolio, 349 So. 2d 174, 1977 Fla. App. LEXIS 16501 (Fla. Ct. App. 1977).

Pincite

Opinion

SMITH, Judge.

The 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.

Appellees 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).

REVERSED.

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

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