Erica Nicole Charley v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledJuly 27, 2020
Docket1D19-0732
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D19-732
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ERICA NICOLE CHARLEY,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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On appeal from the Circuit Court for Escambia County.
Jennie Kinsey, Judge.
July 27, 2020
PER CURIAM.
AFFIRMED. Cf. United States v. Ross, 456 U.S. 798, 825 (1982)
(holding that probable cause to “search [] a lawfully stopped
vehicle [] justifies the search of every part of the vehicle and its
contents that may conceal the object of the search”); see State v.
Williams, 967 So. 2d 941, 941 (Fla. 1st DCA 2007) (holding “that
the odor of burnt cannabis emanating from a vehicle constitutes
probable cause to search all occupants of that vehicle”); see State v.
Tigner, 276 So. 3d 813, 816 (Fla. 4th DCA 2019) (reversing order
of suppression because “smell of marijuana alone was sufficient to
give the officers the requisite probable cause to search both the
vehicle and its occupants” during lawful traffic stop, including a
pouch that an occupant was ordered to leave inside the vehicle).
RAY, C.J., and ROWE and TANENBAUM, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Andy Thomas, Public Defender, and Laurel Niles, Assistant Public
Defender, Tallahassee, for Appellant.
Ashley Moody, Attorney General, and Benjamin Hoffman,
Assistant Attorney General, Tallahassee, for Appellee.
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