State v. Christmas

The state appeals the trial court’s order granting Christina Christmas’s motion to suppress, arguing the trial court granted the motion based on the reliability of a dog sniff when that issue was not raised by Christmas in her motion to suppress pursuant to Florida Rule of Criminal Procedure 3.190. Because the defense sought to suppress certain evidence obtained through the use of a narcotics dog based upon an asserted lack of reliability and training of the animal performing the sniff and because the state was never given the requisite advance notice that these were to be included as matters…