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In the case of Smith vs. State, the District Court of Appeal ruled as follows: The Fourth District Court of Appeal reversed the trial court's denial of defendant's motion to suppress in a matter concerning possession of cocaine in addition to misdemeanor possession of cannabis. The officer observed an SUV parked in front of a empty lot inside a residential area at approximately 2:30 a.m. with its lights off and somebody seated in the driver's seat. Even though the officer saw no criminal activity, the police officer turned on his overhead emergency lights, lit up the interior of the SUV with his spotlight, & approached the SUV to check it out. On approaching the automobile, the officer smelled cannabis and then observed contraband while talking to the driver, which led to the defendant's arrest. The Appellate Court ruled that given the totality of the circumstances, the police officer "seized" the defendant as soon as the police officer parked "catty corner" to defendant's vehicle, activated his emergency overhead lights, & used a spotlight to illuminate defendant's SUV. Because the officer had no reasonable suspicion to "seize" the defendant before the officer detected the odor of cannabis, the 4th District Court of Appeal reversed the denial of the defendant's motion to suppress and remanded the case in order to vacate defendant's convictions.  This case summary is provided by criminal defense attorneys Michael Dye and Daniel Rosenberg. For more information, please visit the firms' websites by clicking on the following links. For Michael Dye: broward criminal attorney For Daniel Rosenberg: broward criminal attorney
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