Eduardo Lopez v. Richard L. Dugger

The state appeals from an order of the trial court, which suppressed evidence (cocaine) found hidden in appellants (Carlos Reeds) pants by Deputy Fernandez. Fernandez searched Reed on the street sidewalk at the intersection of Ivey Lane and Gore Streets in Orlando. We reverse because we conclude, based on the findings of the trial court and the testimony presented at the suppression hearing, that Fernandez had probable cause to search Reed based solely on the smell of marijuana, which the officer detected stemming from Reed and his clothing, and because at the time of Reeds arrest, prior to the search, the police deputy had probable cause to arrest Reed.