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Newman v. State

District Court of Appeal of Florida, Fourth District
Oct 16, 1985
476 So. 2d 775 (Fla. Dist. Ct. App. 1985)

Opinion

No. 85-671.

October 16, 1985.

Appeal from Circuit Court, St. Lucie County; Royce R. Lewis, Judge.

Harry M. Solomon of Joel Hirschhorn, P.A., Miami, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Richard G. Bartmon, Asst. Atty. Gen., West Palm Beach, for appellee.


We have carefully reviewed the transcripts of the deposition and motion to suppress in this case, and it is clear to us that the investigating trooper first smelled marijuana in the subject vehicle while standing outside the vehicle — without any intrusion — and also smelled it subsequently when his head intruded into the vehicle. Accordingly, we conclude that the motion to suppress was properly denied; and we affirm.

HERSEY, C.J., and DOWNEY and GLICKSTEIN, JJ., concur.


Summaries of

Newman v. State

District Court of Appeal of Florida, Fourth District
Oct 16, 1985
476 So. 2d 775 (Fla. Dist. Ct. App. 1985)
Case details for

Newman v. State

Case Details

Full title:DAVID ALVIN NEWMAN, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Oct 16, 1985

Citations

476 So. 2d 775 (Fla. Dist. Ct. App. 1985)

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