Holland v. State

302 So.2d 806 (1974)

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Nature of the Case

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Facts

D was the city manager of Pinellas Park. D wanted to contact the assistant city manager and was unable to do so. D then drove to his residence and went around the rear of the house to look for the man. D saw several plants that looked like marijuana. D picked two of the leaves and contacted the police to see if they were marijuana. D and the police then went to the city manager's house and confronted him. D and the police took enough quantity to establish the offense of felony possession. D then requested the resignation of his assistant manager. The decision was made between the police and D that the matter would be handled as an internal affair; thus, no prosecution would occur. D then related the entire incident to three city councilmen and a host of others. D was charged with misprison of felony. The lower court dismissed, and the appeals court reinstated. This appeal resulted.