Erica Nicole Charley vs State of Florida

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FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________ No. 1D19-732 _____________________________ ERICA NICOLE CHARLEY, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________ On appeal from the Circuit Court for Escambia County. Jennie Kinsey, Judge. July 27, 2020 PER CURIAM. AFFIRMED. Cf. United States v. Ross, 456 U.S. 798, 825 (1982) (holding that probable cause to “search [] a lawfully stopped vehicle [] justifies the search of every part of the vehicle and its contents that may conceal the object of the search”); see State v. Williams, 967 So. 2d 941, 941 (Fla. 1st DCA 2007) (holding “that the odor of burnt cannabis emanating from a vehicle constitutes probable cause to search all occupants of that vehicle”); see State v. Tigner, 276 So. 3d 813, 816 (Fla. 4th DCA 2019) (reversing order of suppression because “smell of marijuana alone was sufficient to give the officers the requisite probable cause to search both the vehicle and its occupants” during lawful traffic stop, including a pouch that an occupant was ordered to leave inside the vehicle). RAY, C.J., and ROWE and TANENBAUM, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________ Andy Thomas, Public Defender, and Laurel Niles, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, and Benjamin Hoffman, Assistant Attorney General, Tallahassee, for Appellee. 2

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