Montero v. State

Blackburn, Presiding Judge.

On interlocutory grant, Angel Samuel Montero appeals the trial court’s denial of his motion to suppress evidence of marijuana found *182in a closed container in the trunk of his car following a routine traffic stop for tinted windows. Because this case is controlled by DiSanti v. State,1 not Boggs v. State,2 we find that the officer who stopped Montero’s vehicle had no probable cause to detain Montero while he obtained the services of a drug dog to investigate the sealed package in the trunk for which Montero had withdrawn consent to search. Accordingly, we reverse.

In…