State v. Pereira

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that officers did not violate the defendant’s right to privacy by detecting the odor of marijuana from the front porch where the porch was not enclosed by a fence and was open to public access
• finding even without evidence of a dog sniff, an officer smelling marijuana from a house demonstrates sufficient probable cause to support the issuance of a warrant
• finding independent evidence in the affidavit to support probable cause because the anonymous ■ tip was corroborated when the detective smelled marijuana while standing in front of the premises, prior to returning the next day with the drug dog
• anonymous tip coupled with officers’ detection of marijuana odor emanating from residence provided sufficient probable cause to support the issuance of a search warrant
• “We follow those cases which hold that there is no reasonable expectation of privacy at the entrance of property which is open to the public, including the front porch.”
• officer walked from sidewalk to the home and smelled marijuana

Source: CourtListener parenthetical corpus (CC0).

Cited by

8 cases in this archive cite this case.

• State v. Jardines
  District Court of Appeal of Florida· 2008-10-22· cited 21×
• The State v. Kazmierczak
  Court of Appeals of Georgia· 2015-04-10· cited 15×
• State v. Ojeda
  District Court of Appeal of Florida· 2014-07-23· cited 9×
• State v. Roman
  District Court of Appeal of Florida· 2012-11-07· cited 8×
• Gonzalez v. State
  District Court of Appeal of Florida· 2011-03-09· cited 7×
• Ferrer v. State
  District Court of Appeal of Florida· 2012-06-08· cited 4×
• Tamayo v. State
  District Court of Appeal of Florida· 2009-07-08
• Arias v. State
  District Court of Appeal of Florida· 2013-07-24

Cites

8 cases in this archive are cited by this case.

• Pagan v. State
  Supreme Court of Florida· 2002-04-04· cited 599×
• State v. Morsman
  Supreme Court of Florida· 1981-01-08· cited 60×
• State v. Rabb
  District Court of Appeal of Florida· 2006-02-15· cited 40×
• Potts v. Johnson
  District Court of Appeal of Florida· 1995-04-26· cited 18×
• Florida v. Rabb
  Supreme Court· 2006-11-27· cited 15×
• State v. E.D.R.
  District Court of Appeal of Florida· 2007-06-22· cited 6×
• United States v. Morgan
  Tenth Circuit· 2005-12-20· cited 4×
• Ramize v. State
  District Court of Appeal of Florida· 2007-05-02· cited 4×