State v. Silva

Andrews, Presiding Judge.

The State appeals the trial court’s grant of Edward Silva’s motion to suppress the brick of marijuana found under the passenger seat of his car following a traffic stop for speeding. Because we conclude that the officer, having made a valid traffic stop for speeding, was properly conducting a limited search for weapons when he encountered the “plain smell” of marijuana, we reverse.

“[Wlhere the evidence is uncontroverted and no question regarding the credibility of witnesses is presented, the trial court’s application of the law to undisputed facts is subject to de…