STATE v. FORTIN

No. 4D2023-1460.

383 So.3d 820 (2024)

STATE of Florida, Appellant, v. Elijah FORTIN, Appellee.

District Court of Appeal of Florida, Fourth District.

March 20, 2024.


Attorney(s) appearing for the Case

Ashley Moody, Attorney General, Tallahassee, and Richard Valuntas, Senior Assistant Attorney General, West Palm Beach, for appellant.

Chad Mason of MK Law, P.A., Fort Lauderdale, for appellee.


The State appeals the grant of the defendant's motion to suppress evidence obtained from a vehicle stop based on recent changes in Florida statutory law regarding medical marijuana and hemp. At issue is the continued validity of the plain smell and plain view doctrines in the context of possession of marijuana. Under the facts of this...

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