Tuesday, August 28, 2001
State of Florida v. Shelton Scarlet

no. 00-2135

Dade County

While on probation for burglary, Scarlet was arrested during a traffic stop after officers found cocaine in his possession. Charges against him on the cocaine charge were dismissed after a trial court excluded the evidence as the fruit of an illegal search and seizure. However, possession of the cocaine was later introduced in a violation of probation proceeding and used against him. As a result, he received a sentence of 54 months in prison. On appeal, the Third District reversed on grounds the evidence could not be used on revocation of probation.