State v. Williams

I respectfully dissent because the record is insufficient to conclude the trial court erred in this case by granting the defendant’s motion to suppress.

There were two possible reasons for granting the motion. First, the trial court could have concluded that the odor of contraband exuding from a vehicle does not give a police officer probable cause to search it. That is wrong. State v. Wynn, 623 So.2d 848 (Fla. 2d DCA 1993); State v. T.T., 594 So.2d 839, 840 (Fla. 5th DCA 1992); State v. Bowden, 538 So.2d 83 (Fla. 2d DCA 1989).

Second, the trial judge could have found, as a matter of fact, that…