Abel v. State

RYDER, Acting Chief Judge.

Sharon Abel was charged with manufacture of a controlled substance1 after law enforcement officers seized marijuana plants from the lanai of her home without obtaining a search warrant. After the trial court denied her motion to suppress evidence, she pleaded nolo contendere to the charge, reserving her right to appeal the denial of that dispositive motion. We agree with Mrs. Abel’s contention that the evidence against her was obtained as the result of an illegal seizure. We, therefore, reverse and remand to the trial court to discharge her.

Two Collier County…