STATE v. FISCHER

No. 5D07-1096.

987 So.2d 708 (2008)

STATE of Florida, Appellant, v. Ross B. FISCHER, Appellee.

District Court of Appeal of Florida, Fifth District.

June 13, 2008.


Attorney(s) appearing for the Case

Bill McCollum, Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Appellant.

Joseph J. Pappacoda, Fort Lauderdale, for Appellee.


SAWAYA, J.

The issue we must resolve is whether the trial court applied the correct law in determining that two law enforcement officers did not have probable cause to believe, based on their training and experience in the detection of illegal narcotics, that the substance they saw in open view on the seat inside Ross Fischer's vehicle was cocaine. The trial court appears to have held that cocaine cannot be distinguished from other white powdery substances and, therefore...

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