INSIDE THE DISTRICT COURT DOCKET OF APPEAL OF FLORIDA
Case No . 3D10-678
ON CHARM FROM THE CIRCUIT COURT PERTAINING TO THE ELEVENTH
CONTENCIOSO CIRCUIT OF FLORIDA
PRIMARY BRIEF OF APPELLEE
State of Florida
Assistant Legal professional General
Florida Bar Number 000416
Workplace of Lawyer General
Rivergate Plaza, Collection 610
444 Brickell Method
Miami, FL 33131
If the trial court properly denied the motion to curb cocaine obtained from Mr. Garza during a traffic stop, that has been reasonably late through the time of the search, while Mister. Clements needed backup and had probable trigger based upon (1) the suspects' location in a high criminal offense area; (2) the smell of burnt marijuana emanating from that motor vehicle; and (3) Mr. Garza's nervousness, perspiration, and deferential behavior to a suspected drug dealer.вЂѓ
STAND OF ARTICLES
Table of Citationsiii
Common of Reviewiv
Assertion of Case1
Statement of Facts2
Overview of Argument5
The Motion To Suppress the cocaine available on Mr. Garza was correctly denied because Mr. Garza's detention was for sensible time, and Mr. Clements had probable cause to look Mr Garza where he viewed nervous habit combined with the smell of burned marijuana. 8 Conclusion15
Certificate of Service15
Certificate of Compliance16
DESK OF CITATIONS
Connor v. State, iv, 8
803 Thus. 2d 598 (Fla. 2001).
D. A. v. Point out, 5, almost 8, 9, 10
10 So. 3d 674 (Fla. 3d DCA 2009).
Maryland v. Wilson, 5, 9
519 U. H. 408 (1997).
State sixth is v. Betz, 6th, 12-13
815 So. second 627 (Fla. 2002).
Terry v. Ohio,
388 U. S. 1868 (1968).
U. S. versus. Davis, 9
343 Fed. Appx. 589 (11th Cir. 2009).
U. S. v. Gil, twelve
204 F. 3d 1347 (11th Cir. 2000).
U. S. sixth is v. Richardson, 16
385 F. 3d 625 (6th Cir. 2004).
U. S. versus. Sharpe, 12
470 U. S. 675 (1985).
U. S. versus. Sokolow, 13
490 U. S. you (1989).
U. S. v. Williams, 6
967 Therefore. 2d 941 (Fla. DCA 2007).
Various other Authorities
Modify. IV, almost eight
U. S i9000. Const.
Art. My spouse and i, В§128
Fla. Const. вЂѓ
STANDARD OF REVIEW
Once reviewing a trial court's denial of your motion to suppress proof, an appellate court opinions it as a mixed query of regulation and fact. Facts are evaluated only for very clear error, with due excess weight to inferences from these types of facts legally enforcement representatives, and wonderful deference provided to the trial court's judgment. Connor sixth is v. State, 803 So. second 598, 605 (Fla. 2001). Application of legislation to the specifics is considered sobre novo. Id.
Appellant Theodore Garza was the defendant in the trial court and Appellee Point out of Sarasota was the criminal prosecution. The celebrations will be known in this quick as " Mr. GarzaвЂќ and " the State. вЂќ STATEMENT OF CASE
In June 17, 2010, an information was registered in the Signal Court pertaining to the Eleventh Judicial Signal of Florida, charging that on Summer 16, 2010, Mr. Garza committed the offense of unlawful possession of cocaine. (R. 10. ) On 06 28, 2010, Mr. Garza filed a motion to suppress the cocaine seized by the arresting officer. (R. 12. ) Following a reading on This summer 13, 2010, the trial court adjudicated Mr. Garza guilty. (R. 16-18. ) On July 15, 2010, the trial court denied Mr. Garza's motion to suppress the cocaine facts. (R. 13. ) Throughout the sentencing upon July twenty-two, 2010, Mister. Garza joined a plea of nolo contendre, as well as the trial courtroom issued a judgment remanding Mr. Garza into custody of the children and sentencing him towards the agreed upon 18 (18) weeks with twenty (20) times credit intended for time dished up. (R. 16-18. ) Mr. Garza submitted a notice of charm on September 23, 2010. (R. 19. ) вЂѓ
STATEMENT OF FACTS
On June of sixteen, 2010, by approximately 3: 00 PM, officer Frank Clements (" Mr. ClementsвЂќ) observed a car, within which will Mr. Garza...
Citations: AFFIRMATION OF SPECIFICS
On 06 16, 2010, at around 3: 00 PM, official Frank Clements (" Mr
I HEREBY CERTIFY a true and correct copy of the foregoing has become forwarded to Robert Shaffer, Public Defender, 16400 NW 37th Garottere, Miami, FL, 33130 this 21st working day of October, 2010.