District Court of Appeal of Florida

A conviction and sentence for possession of cannabis with intent to sell, manufacture, or deliver is reversed pursuant to a claim of erroneous denial of a motion to suppress cannabis seized from a dresser in defendant's home by police during a warrantless search, where the state failed to prove that the search was a "precautionary sweep" of the space immediately adjoining the place where defendant was secured or that officers had an articulable basis for a broader "protective sweep."

Appellate Information

• Decided 12/20/2006
• Published 12/20/2006

Judges

• VILLANTI, Judge.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• James Marion Moorman, Public Defender, and Megan Olson, Assistant Public Defender, Bartow, for Appellant.


• For Appellees:
  
• Charles J. Crist, Jr., Attorney General, Tallahassee, and Cerese Crawford Taylor, Assistant Attorney General, Tampa, for Appellee.