Tamburro v. State

Angelo Louis TAMBURRO v. STATE of Florida

Tamburro v. State, 343 So. 2d 638 (Fla. Dist. Ct. App. 1977)

Court: District Court of Appeal of Florida · State Appellate Courts
Decided: February 18, 1977
Docket: No. 75-2166
Judges: Alan, Dauksch, Letts, Schwartz
Citations: 343 So. 2d 6381977 Fla. App. LEXIS 15086

Cited by 4

Opinion of the Court — Schwartzalan

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SCHWARTZ, ALAN R., Associate Judge.

Distinguishing Brown v. State, 313 So.2d 52 (Fla. 4th DCA 1975) and Brown v. State, 330 So.2d 861 (Fla. 4th DCA 1976) on their facts, we hold that the totality of the circumstances presented to the arresting police officer, including the “spacy” condition of the defendant after he was stopped for a traffic violation, the odor of marijuana, and the apparent “roach” which was seen in plain view in his car, was such as to create probable cause to believe that the defendant had committed the offense of possession of cannabis. Clark v. State, 322 So.2d 635 (Fla. 3rd DCA 1975); State v. Daniel, 319 So.2d 582 (Fla. 4th DCA 1975); State v. Flores, 305 So.2d 292 (Fla. 2d DCA 1974); Lavazzoli v. State, 281 So.2d 519 (Fla. 3rd DCA 1973). Hence, both the defendant’s *639 arrest and the subsequent search of his vehicle were valid. The trial court therefore properly denied the motion to suppress the sawed-off shot gun which was secured as a result of that search.

We likewise find no merit in the contention that the appellant’s nolo plea was improperly accepted by the trial court. Stovall v. State, 252 So.2d 376 (Fla. 4th DCA 1971).

Affirmed.

DAUKSCH and LETTS, JJ., concur.

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No later court has written an explanatory parenthetical about this case yet.

Cited by 4 cases

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Relies on it most ⓘ

Caplan v. State531 So. 2d 88 (Fla. 1988)
State v. Melendez392 So. 2d 587 (Fla. Dist. Ct. App. 1981)
Romanello v. State365 So. 2d 220 (Fla. Dist. Ct. App. 1978)
Caplan v. State515 So. 2d 1362 (Fla. Dist. Ct. App. 1987)

Most recent

Caplan v. State531 So. 2d 88 (Fla. 1988)
Caplan v. State515 So. 2d 1362 (Fla. Dist. Ct. App. 1987)
State v. Melendez392 So. 2d 587 (Fla. Dist. Ct. App. 1981)
Romanello v. State365 So. 2d 220 (Fla. Dist. Ct. App. 1978)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 7

Depth	Case	Cited by
	State v. Flores, 305 So. 2d 292 (Fla. Dist. Ct. App. 1974)	15
	Stovall v. State, 252 So. 2d 376 (Fla. Dist. Ct. App. 1971)	13
	Brown v. State, 330 So. 2d 861 (Fla. Dist. Ct. App. 1976)	9
	State v. Daniel, 319 So. 2d 582 (Fla. Dist. Ct. App. 1975)	6
	Brown v. State, 313 So. 2d 52 (Fla. Dist. Ct. App. 1975)	3
	Clark v. State, 322 So. 2d 635 (Fla. Dist. Ct. App. 1975)	3
	Lavazzoli v. State, 281 So. 2d 519 (Fla. Dist. Ct. App. 1973)	2

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