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Demetro L. BACON, Appellant, v. STATE of Florida, Appellee.
Demetro Bacon appeals his judgment and sentence for possession of cocaine, possession of marijuana, possession of drug paraphernalia, and resisting an officer without violence. He entered a plea to the charges, reserving his right to appeal the denial of his dispositive motion to suppress the contraband found in his car after he was stopped for a traffic violation. We affirm.
Bacon argues that the search of his car was unlawful. He contends that “[g]iven the current state of the law,” the officer lacked probable cause to search his car based solely on the odor of marijuana. We need not decide this issue, however, because the smell of marijuana was only one of the factors relied upon to justify the search. Because the record shows that the totality of the circumstances provided the officer with sufficient probable cause to search Bacon's car, we affirm the trial court's denial of his motion to suppress. See Hatcher v. State, 342 So. 3d 807, 810 (Fla. 1st DCA 2022) (stating that courts must consider the totality of the circumstances in determining probable cause to search a vehicle).
Affirmed.
PER CURIAM.
NORTHCUTT, KELLY, and MOE, JJ., Concur.
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Docket No: No. 2D2024-0848
Decided: June 27, 2025
Court: District Court of Appeal of Florida, Second District.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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