INSIDE THE DISTRICT COURT DOCKET OF APPEAL OF FLORIDA

THIRD REGION

Case No . 3D10-678

THEODORE GARZA

Appellant,

v.

YOUR FLORIDA,

Appellee.

ON CHARM FROM THE CIRCUIT COURT PERTAINING TO THE ELEVENTH

CONTENCIOSO CIRCUIT OF FLORIDA

PRIMARY BRIEF OF APPELLEE

COSTS McCOLLUM

Lawyer General

State of Florida

_____________________

XXXXXXXXXXXX

Assistant Legal professional General

Florida Bar Number 000416

Workplace of Lawyer General

Rivergate Plaza, Collection 610

444 Brickell Method

Miami, FL 33131

Tel: 305-756-4321

QUERY PRESENTED

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.

 

STAND OF ARTICLES

Table of Citationsiii

Common of Reviewiv

Introduction1

Assertion of Case1

Statement of Facts2

Overview of Argument5

Argument8

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

CasesPage(s)

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.  

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.

INTRODUCTION

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. Garza” and " the State. ” 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. )  

STATEMENT OF FACTS

On June of sixteen, 2010, by approximately 3: 00 PM, officer Frank Clements (" Mr. Clements”) 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.