Wilson v. State of Florida - Affirmed - Docket 6D2025-1402
Summary
The Sixth District Court of Appeal of Florida affirmed the circuit court's judgment in Quintavis Jaquan Wilson v. State of Florida (Docket 6D2025-1402), a criminal appeal originating from Osceola County. The appellate court relied on State v. Simpson (Fla. 6th DCA 2025), State v. Fortin (Fla. 4th DCA 2024), Lincoln v. State (Fla. 6th DCA 2024), and Morrow v. State (Fla. 1st DCA 2024) in affirming, rejecting Wilson's challenge without addressing whether the smell of cannabis alone establishes probable cause for a vehicle search. Defense counsel Blair Allen and Pamela H. Izakowitz represented Wilson; the State was represented by Attorney General James Uthmeier and Assistant Attorney General Allison Leigh Morris.
“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.”
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Florida's District Courts of Appeal sit between the trial courts and the Florida Supreme Court. Six districts cover the state, hearing appeals on civil judgments, criminal convictions, family law orders, and administrative decisions. This feed tracks every published opinion across all six districts, around 125 a month, with the case name, appellant, type of relief sought, and outcome. Watch this if you practice civil litigation in Florida, defend insurance disputes (the carriers fight a lot of appeals here), or follow Florida's busy criminal post-conviction docket. GovPing pulls from CourtListener's official mirror of the courts' RSS feeds.
What changed
The Sixth District Court of Appeal of Florida issued a per curiam affirmance in Wilson v. State, declining to reach the Fourth Amendment question of whether the smell of marijuana alone provides probable cause for a vehicle search. The court affirmed by distinguishing this case from prior decisions on the ground that additional facts beyond smell alone were present, citing State v. Simpson and State v. Fortin, and separately invoked the contemporaneous-objection rule from Lincoln v. State and Morrow v. State to dispose of the appeal. Criminal defendants appealing search-and-seizure issues in Florida trial courts should ensure that any objection to evidence obtained through a search is raised contemporaneously at the trial level to preserve the argument for appellate review; failure to do so results in forfeiture, as illustrated by the Morrow citation. Law enforcement and prosecutors in Osceola County and the Sixth District should note that the court's reliance on Fortin's plain-view analysis (flakes of marijuana) signals continued reliance on multi-factor probable cause determinations rather than a bright-line smell-only rule.
Archived snapshot
Apr 24, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
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April 24, 2026 Get Citation Alerts Download PDF Add Note
Quintavis Jaquan Wilson v. State of Florida
District Court of Appeal of Florida
- Citations: None known
- Docket Number: 6D2025-1402
Disposition: Affirmed
Disposition
Affirmed
Combined Opinion
SIXTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
Case No. 6D2025-1402
Lower Tribunal No. 2022-CF-000885
QUINTAVIS JAQUAN WILSON,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
Appeal from the Circuit Court for Osceola County.
John D.W. Beamer, Judge.
April 24, 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.”); State v. Fortin, 383 So. 3d 820, 823-24 (Fla. 4th DCA 2024) (“In the
instant case, we do not need to decide whether the smell of fresh marijuana alone
gives an officer probable cause to search a vehicle, because in addition to the plain
smell of fresh marijuana, the officer saw in plain view, . . . uncontained flakes of
marijuana.”); Lincoln v. State, 398 So. 3d 1156, 1160 (Fla. 6th DCA 2024)
(“Generally, to raise a claimed error on appeal, a litigant must object . . . when the
alleged error occurs.”); Morrow v. State, 397 So. 3d 1205, 1208 (Fla. 1st DCA
2024) (“Morrow did not preserve this argument by contemporaneous objection at
the revocation hearing . . . .”).
NARDELLA, SMITH and MIZE, JJ., concur.
Blair Allen, Public Defender, and Pamela H. Izakowitz, Assistant Public Defender,
Bartow, for Appellant.
James Uthmeier, Attorney General, Tallahassee, and Allison Leigh Morris,
Assistant Attorney General, Daytona Beach, for Appellee.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING
AND DISPOSITION THEREOF IF TIMELY FILED
2
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