98 So. 3d 118
Fla. Dist. Ct. App.2012Background
- Appellant pled nolo contendere to trafficking marijuana, reserving appeal of suppression denial.
- DOT officer stopped Appellant after Move Over Act violation; dog Sella conducted a walk-around sniff.
- Sella alerted at truck seam near toolbox; toolbox search revealed 28.6 pounds of marijuana with ammonia odor.
- Trial court denied suppression of marijuana and most statements, finding Sella reliable for probable cause.
- Appellant challenged Sella’s reliability under Harris v. State; State introduced training and field performance evidence.
- Appellant’s appeal focuses on the reliability analysis, with the court affirming the denial of suppression.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Sella’s reliability establish probable cause? | Appellant: Harris requires verified field performance evidence; records were not admitted. | Appellant: records available; reliability shown by training and field results; use totality of circumstances. | Yes; probable cause shown by totality of circumstances. |
Key Cases Cited
- Harris v. State, 71 So.3d 756 (Fla. 2011) (totality of the circumstances for dog reliability; burden on State)
- United States v. Grubbs, 547 U.S. 90 (U.S. 2006) (probable cause standard for searches)
- Wiggs v. State, 72 So.3d 154 (Fla. 2d DCA 2011) (reliability assessment of canine alerts)
- Nguyen v. State, 726 N.W.2d 871 (S.D.2007) (probable cause with dog alert considered under totality)
- Donnelly v. United States, 475 F.3d 946 (8th Cir.2007) (54% dog success does not negate probable cause)
- Carroll v. United States, 537 F.Supp.2d 1290 (N.D. Ga.2008) (dog alert with >50% reliability supports probable cause)
- Joe v. State, 73 So.3d 791 (Fla. 5th DCA 2011) (records admissibility not always fatal if available to both sides)