Tamburro v. State, 75--2166
| Decision Date | 18 February 1977 |
| Docket Number | No. 75--2166,75--2166 |
| Citation | 343 So.2d 638 |
| Parties | Angelo Louis TAMBURRO, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Richard L. Jorandby, Public Defender, and Frank B. Kessler, Asst. Public Defender, and Tatjana Ostapoff and Larry Weaver, Legal Interns, West Palm Beach, for appellant.
Robert L. Shevin, Atty. Gen., Tallahassee, and Marsha G. Madorsky and Anthony J. Golden, Asst. Attys. Gen., West Palm Beach, for appellee.
Distinguishing Brown v. State, 313 So.2d 52 (Fla.4th DCA 1975) and Brown v. State, 330 So.2d 861 (Fla.4th DCA 1976) on their facts, we hold that the totality of the circumstances presented to the arresting police officer, including the 'spacy' condition of the defendant after he was stopped for a traffic violation, the odor of marijuana, and the apparent 'roach' which was seen in plain view in his car, was such as to create probable cause to believe that the defendant had committed the offense of possession of cannabis. Clark v. State, 322 So.2d 635 (Fla.3rd DCA 1975); State v. Daniel, 319 So.2d 582 (Fla.4th DCA 1975); State v. Flores, 305 So.2d 292 (Fla.2d DCA 1974); Lavazzoli v. State, 281 So.2d 519 (Fla.3rd DCA 1973). Hence, both the defendant's arrest and the subsequent search of his vehicle were valid. The trial court therefore properly denied the motion to suppress the sawed-off shot gun which was secured as a result of that search.
We likewise find no merit in the contention that the appellant's nolo plea was improperly accepted by the trial court. Stovall v. State, 252 So.2d 376 (Fla.4th DCA 1971).
Affirmed.
To continue reading
Request your trial
-
State v. Melendez
...4th DCA 1980); State v. Hall, 376 So.2d 276 (Fla. 3d DCA 1979); State v. Ruiz, 360 So.2d 1320 (Fla. 2d DCA 1978); Tamburro v. State, 343 So.2d 638 (Fla. 4th DCA 1977). In this situation, it is immaterial that the defendant was not verbally placed under arrest prior to the seizure of the mar......
-
Caplan v. State
...So.2d 638 (Fla. 1st DCA 1979), cert. denied, 385 So.2d 754 (1980); Lachs v. State, 366 So.2d 1223 (Fla. 4th DCA 1979); Tamburro v. State, 343 So.2d 638 (Fla. 4th DCA 1977). This conclusion is in harmony with the trend apparently followed in many American jurisdictions. Our nation's courts g......
-
Caplan v. State, 4-86-0501
...State v. Melendez, 392 So.2d 587 (Fla. 4th DCA 1981); State v. Stevens, 354 So.2d 1244 (Fla. 4th DCA 1978); Tamburro v. State, 343 So.2d 638 (Fla. 4th DCA 1977); Baggett v. State, 494 So.2d 221 (Fla. 1st DCA 1986); State v. Nobles, 477 So.2d 32 (Fla. 1st DCA 1985), case dismissed, 492 So.2d......
-
Romanello v. State, s. 77-2205
...and BERANEK, JJ., concur. 1 For this reason, such cases as Miranda v. State, 354 So.2d 411 (Fla. 3rd DCA 1978) and Tamburro v. State, 343 So.2d 638 (Fla. 4th DCA 1977), which find "probable cause" for a search based on a smell of marijuana, but in which the officer was lawfully in a positio......