HUMBERTO ABREU
v.
STATE OF FLORIDA

Fla. 6th DCA | 2026-10-02
No. 2025-2028
Porter, J., Mize, J., Brownlee, J., Kamoutsas, J.
2026 FL 13056 Florida District Court of Appeal, Sixth District (2026)

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Holding

The court affirmed the trial court's judgment without deciding whether the smell of cannabis alone is sufficient to establish probable cause.


Key Quotes

“We have no occasion to address [whether the smell of cannabis alone is sufficient to establish probable cause] because this case does not involve smell alone.”

The court explained why it was not deciding the constitutional question presented on appeal.

Facts & Procedural History

Humberto Abreu appealed a criminal conviction from the Circuit Court for Charlotte County.…

The full statement of facts, procedural history, and disposition for this case are member content.

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Opinion of the Court

SIXTH DISTRICT COURT OF APPEAL

STATE OF FLORIDA

Case No. 6D2025-2028 Lower Tribunal No. 2024-CF-001876 HUMBERTO ABREU, Appellant, V.

STATE OF FLORIDA, Appellee.

Appeal from the Circuit Court for Charlotte County. Lisa S. Porter, Judge.

October 2, 2026

PER CURIAM.

AFFIRMED. See State v. Simpson, 414 So. 3d 291, 297 (Fla. 6th DCA 2025) ("We have no occasion to address [whether the smell of cannabis alone is sufficient to establish probable cause] because this case does not involve smell alone."). MIZE, BROWNLEE and KAMOUTSAS, JJ., concur. Blair Allen, Public Defender, and Pamela H. Izakowitz, Assistant Public Defender Bartow, for Appellant. James Uthmeier, Attorney General, Tallahassee, and Sarah Sclavakis, Assistant Attorney General, Tampa, for Appellee. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF TIMELY FILED


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