Legal Opinion

S.B. v. State

District Court of Appeal of Florida

Decided July 12, 1995No. 93-04081PublishedCited by 22 opinions

1Opinion of the Court

ALTENBERND, Acting Chief Judge.

S.B. appeals an adjudication of delinquency arising from his alleged possession of marijuana. We reverse because the state failed to prove that the marijuana was in S.B.’s constructive possession.

Shortly after midnight on Sunday, May 9, 1993, a Sarasota police officer stopped a car because one of its tail lights was not working. S.B. was one of several passengers in the car. After giving the driver a ticket for the equipment violation, the officer obtained permission to search the car for weapons.1 While *1253searching the car with the assistance of a dog trained in…

2Cases cited5 opinions

  1. State v. LawSupreme Court of Florida · 1989
  2. Brown v. StateSupreme Court of Florida · 1983
  3. Gartrell v. StateSupreme Court of Florida · 1993
  4. Skelton v. StateDistrict Court of Appeal of Florida · 1992
  5. Freeman v. StateDistrict Court of Appeal of Florida · 1996

3Cited by22 opinions

  1. Jonathon Knight v. State of FloridaSupreme Court of Florida · 2016
  2. Knight v. StateDistrict Court of Appeal of Florida · 2013
  3. Earle v. StateDistrict Court of Appeal of Florida · 1999
  4. Evans v. StateDistrict Court of Appeal of Florida · 2010
  5. J.S.M. v. StateDistrict Court of Appeal of Florida · 2006

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