L.L. v. State
District Court of Appeal of Florida
1Opinion of the CourtShepherd, J.
This is an appeal from a withheld adjudication and judicial warning for marijuana possession. The issue before us is whether a police officer’s identification of marijuana, arrived at by sight and smell alone, is admissible experience-based opinion testimony. Because the officer’s opinion was based on his personal knowledge and perception and resulted from a process of everyday reasoning, we hold that the officer’s opinion was admissible as lay opinion testimony under Section 90.701, Florida Statutes.
BACKGROUND
This case is a typical marijuana possession case. L.L., a juvenile, was charged…
2Cases cited14 opinions
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
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- Frye v. United StatesCourt of Appeals for the D.C. Circuit · 1923
- State v. BrownTennessee Supreme Court · 1992
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