Legal Opinion

L.L. v. State

District Court of Appeal of Florida

Decided April 6, 2016No. 3D14-2410PublishedCited by 17 opinions

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

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Kumho Tire Co. v. CarmichaelSupreme Court of the United States · 1999
  3. General Electric Co. v. JoinerSupreme Court of the United States · 1997
  4. Frye v. United StatesCourt of Appeals for the D.C. Circuit · 1923
  5. State v. BrownTennessee Supreme Court · 1992

9 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. ARKHEEM J. LAMB v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2018
  2. R.C. v. StateDistrict Court of Appeal of Florida · 2016
  3. MARGARET SAJIUN v. DANIEL HERNANDEZDistrict Court of Appeal of Florida · 2017
  4. Austin v. StateDistrict Court of Appeal of Florida · 2016
  5. C.H. v. StateDistrict Court of Appeal of Florida · 2016

12 more not listed; retrieve them via the Exa API.

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