Legal Opinion

State v. Gardner

District Court of Appeal of Florida

Decided October 5, 2011No. 2D10-1776PublishedCited by 2 opinions

1Opinion of the Court

WHATLEY, Judge.

Stephen Dannell Gardner, Jr., was charged with resisting arrest without violence and possession of cocaine with intent to sell, and in this appeal, the State of Florida challenges an order granting Gardner’s motion to suppress the cocaine found in his car. We conclude that the trial court erred in granting the motion to suppress because there was probable cause to search the car, and we therefore reverse.

At the hearing on Gardner’s motion to suppress, Detective Joseph Zagar testified that he met with Pierre Hodges on August 11, 2009. Hodges stated that at about 4 p.m. on that…

2Cases cited9 opinions

  1. Chambers v. MaroneySupreme Court of the United States · 1970
  2. Arizona v. GantSupreme Court of the United States · 2009
  3. Michigan v. ThomasSupreme Court of the United States · 1982
  4. Harris v. StateSupreme Court of Florida · 2011
  5. Beck v. StateDistrict Court of Appeal of Florida · 1966

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3Cited by2 opinions

  1. United States v. One Million, Thirty-Two Thousand, Nine Hundred Eighty Dollars in U.S. Currency ($1,032,980.00)District Court, N.D. Ohio · 2012
  2. STATE OF FLORIDA v. DERRICK JAMMELL PETTISDistrict Court of Appeal of Florida · 2019

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