Appellate Advocacy Brief Writing Sample
IN THE DISTRICT COURT OF APPEAL OF FLORIDA
THIRD DISTRICT
Case No. 3D10-678
THEODORE GARZA
Appellant,
v.
THE STATE OF FLORIDA,
Appellee.
ON APPEAL FROM THE CIRCUIT COURT FOR THE ELEVENTH
JUDICIAL CIRCUIT OF FLORIDA
INITIAL BRIEF OF APPELLEE
BILL McCOLLUM
Attorney General
State of Florida
_____________________
XXXXXXXXXXXX
Assistant Attorney General
Florida Bar No. 000416
Office of Attorney General
Rivergate Plaza, Suite 610
444 Brickell Avenue
Miami, FL 33131
Tel: 305-756-4321
QUESTION PRESENTED
Whether the trial court properly denied the motion to suppress cocaine obtained from Mr. Garza during a traffic stop, which was reasonably delayed through the time of the search, while Mr. Clements called for backup and had probable cause based upon (1) the suspects’ location in a high crime area; (2) the odor of burnt marijuana emanating from that vehicle; and (3) Mr. Garza’s nervousness, sweating, and deferential behavior to a suspected drug dealer.
TABLE OF CONTENTS
Table of Citations iii
Standard of Review iv
Introduction 1
Statement of Case 1
Statement of Facts 2
Summary of Argument 5
Argument 8
The Motion To Suppress the cocaine found on Mr. Garza was properly denied because Mr. Garza’s detention was for reasonable time, and Mr. Clements had probable cause to search Mr Garza where he displayed nervous behavior combined with the odor of burnt marijuana. 8
Conclusion 15
Certificate of Service 15
Certificate of Compliance 16
TABLE OF CITATIONS
Cases Page(s)
Connor v. State, iv, 8
803 So. 2d 598 (Fla. 2001).
D.A. v. State, 5, 8, 9, 10
10 So. 3d 674 (Fla. 3d DCA 2009).
Maryland v. Wilson, 5, 9
519 U.S. 408 (1997).
State v. Betz, 6, 12-13
815 So. 2d 627 (Fla. 2002).
Terry v. Ohio,
388 U.S. 1868 (1968).
U.S. v. Davis, 9
343 Fed. Appx. 589 (11th Cir. 2009).
U.S. v. Gil, 10
204 F.3d 1347 (11th Cir. 2000).
U.S. v. Richardson,
THIRD DISTRICT
Case No. 3D10-678
THEODORE GARZA
Appellant,
v.
THE STATE OF FLORIDA,
Appellee.
ON APPEAL FROM THE CIRCUIT COURT FOR THE ELEVENTH
JUDICIAL CIRCUIT OF FLORIDA
INITIAL BRIEF OF APPELLEE
BILL McCOLLUM
Attorney General
State of Florida
_____________________
XXXXXXXXXXXX
Assistant Attorney General
Florida Bar No. 000416
Office of Attorney General
Rivergate Plaza, Suite 610
444 Brickell Avenue
Miami, FL 33131
Tel: 305-756-4321
QUESTION PRESENTED
Whether the trial court properly denied the motion to suppress cocaine obtained from Mr. Garza during a traffic stop, which was reasonably delayed through the time of the search, while Mr. Clements called for backup and had probable cause based upon (1) the suspects’ location in a high crime area; (2) the odor of burnt marijuana emanating from that vehicle; and (3) Mr. Garza’s nervousness, sweating, and deferential behavior to a suspected drug dealer.
TABLE OF CONTENTS
Table of Citations iii
Standard of Review iv
Introduction 1
Statement of Case 1
Statement of Facts 2
Summary of Argument 5
Argument 8
The Motion To Suppress the cocaine found on Mr. Garza was properly denied because Mr. Garza’s detention was for reasonable time, and Mr. Clements had probable cause to search Mr Garza where he displayed nervous behavior combined with the odor of burnt marijuana. 8
Conclusion 15
Certificate of Service 15
Certificate of Compliance 16
TABLE OF CITATIONS
Cases Page(s)
Connor v. State, iv, 8
803 So. 2d 598 (Fla. 2001).
D.A. v. State, 5, 8, 9, 10
10 So. 3d 674 (Fla. 3d DCA 2009).
Maryland v. Wilson, 5, 9
519 U.S. 408 (1997).
State v. Betz, 6, 12-13
815 So. 2d 627 (Fla. 2002).
Terry v. Ohio,
388 U.S. 1868 (1968).
U.S. v. Davis, 9
343 Fed. Appx. 589 (11th Cir. 2009).
U.S. v. Gil, 10
204 F.3d 1347 (11th Cir. 2000).
U.S. v. Richardson,
Citations: STATEMENT OF FACTS On June 16, 2010, at approximately 3:00 PM, officer Frank Clements (“Mr I HEREBY CERTIFY that a true and correct copy of the foregoing has been forwarded to Robert Shaffer, Public Defender, 16400 NW 37th Ave, Miami, FL, 33130 this 21st day of October, 2010.