Legal Question in Criminal Law in Florida

I just lost my motion to suppress based on the police only smelling fresh marijuana around this house.I thought because of the case with Jardines vs. Florida it would be thrown out.The judge said the police had the right to be there and smell is enough to issue a search warrant.The police did a walk on my property line and behind the fence of this house,also walked the sidewalk which is public and concluded that the smell was coming from this house.This was done in 48 hours before the search warrant was issued,with absolutely no other evidence.Only smell.Now i have to pray for a supersedeas bond untill my appeal is read.My question is smell enough by it self? And how much does a good appeal lawyer cost?And whats my chances of this being overturned?


Asked on 1/12/14, 9:20 am

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

At this point, only an appeals court can ultimately answer your question whether smell is enough. Appeal lawyer fees vary, but if you are appealing a motion or a trial, then you are entitled to a public defender if you can't afford one. Your chances are impossible to predict even if your attorney knows ALL the facts because appellate courts are by their nature unpredictable.

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Answered on 1/12/14, 10:02 am


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