NEWMAN v. STATE

No. 85-671.

476 So.2d 775 (1985)

David Alvin NEWMAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 16, 1985.


Attorney(s) appearing for the Case

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.


PER CURIAM.

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...

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