STATE v. BENNETT

No. 85-736.

481 So.2d 971 (1986)

STATE of Florida, Appellant, v. Robert Wesley BENNETT, Appellee.

District Court of Appeal of Florida, Fifth District.

January 16, 1986.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Paula C. Coffman, Asst. Atty. Gen., Daytona Beach, for appellant.

Grady G. Ayers, Winter Park, for appellee.


SHARP, Judge.

The state appeals from an order granting Bennett's motion to suppress evidence of marijuana and cocaine which were discovered after a search of the automobile Bennett was driving. The trial court ruled that, as a matter of law, the odor of burnt marijuana which was wafting from Bennett or the car could not provide probable cause for the officer's search, "without something more than just plain smell." We disagree...

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