Case No: 14-XXXXXXMM10A
Facts: Broward Sheriff’s Deputies XXXXXXXX XXXXXXX and XXXXXXX XXXXXXXwere dispatched to the Palm Island Club Apartments in reference to an anonymous call regarding several individuals smoking marijuana near the stairs of building two. When the deputies pulled their marked unit up to building two they observed 6 individuals, including the defendant at the bottom of the stairs.
When the deputies got out of their vehicle, the 6 individuals, including, the defendant, began to walk away. Deputy XXXXXX then ordered them to stop and to come back.
The defendant and the other individuals complied with this command. Upon walking into the area where the individuals were standing/sitting, Deputy XXXXXXXX smelled the odor of marijuana emanating from the general area.
Deputy XXXXXXX then approached the defendant who was now sitting on a large utility box. Deputy XXXXXXXX alleged that the defendant smelled like marijuana and that he observed a marijuana grinder next to him on the utility box. It is alleged that the defendant admitted ownership of the grinder and its contents.
Outcome: Mr. Sobel, after taking the depositions of both of the deputies, filed a motion to suppress the cannabis and any statements made by the defendant. Prior to the motion to suppress hearing, the state dismissed the case as they agreed with Mr. Sobel’s motion to suppress in that the detention was illegal.