CHARLEY v. STATE (2020)

District Court of Appeal of Florida, First District.

Erica Nicole CHARLEY, Appellant, v. STATE of Florida, Appellee.

No. 1D19-732

Decided: July 27, 2020

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.

Affirmed. Cf. United States v. Ross, 456 U.S. 798, 825, 102 S.Ct. 2157, 72 L.Ed.2d 572 (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).

Per Curiam.

Ray, C.J., and Rowe and Tanenbaum, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network