STATE v. TOFFOLIO

No. EE-200.

349 So.2d 174 (1977)

The STATE of Florida, Appellant, v. David A. TOFFOLIO and Russell L. Johnson, Appellees.

District Court of Appeal of Florida, First District.

March 9, 1977.


Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Wallace E. Allbritton, Donald K. Rudser and Charles F. McClamma, Asst. Attys. Gen., Tallahassee, for appellant.

Giles P. Lewis, Joseph S. Farley and Bartley K. Vickers of Mahon, Farley & Vickers, Jacksonville, for appellees.


SMITH, Judge.

The State appeals from an interlocutory order granting appellees' motions to suppress as evidence the marijuana taken from their vehicle in a warrantless search. Acting on suspicion that appellees were dumping garbage illegally, an officer approached their vehicle, which was parked in a vacant lot next to the highway. At the vehicle, the officer smelled marijuana. He searched for it, seized it and arrested appellees for possession of it.

Appellees...

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