Holland v. State

302 So.2d 806 (1974)

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Holland v. State

Florida District Court of Appeal, Second District
302 So.2d 806 (1974)

Facts

After being unable to contact an employee, Douglas Holland (defendant), the city manager of Pinellas Park, Florida, drove to the employee’s home. Holland walked around to the rear of the house and noticed a number of plants growing in the employee’s yard, later confirmed to be marijuana. Immediately thereafter, Holland informed the captain of the city’s police department of the issue. After the employee resigned his position, Holland and the police captain contacted the Chief of Police who indicated that the matter “would be handled internally” so as to avoid negative publicity. Nevertheless, word of the employee’s marijuana crop spread throughout the Pinellas Park city government. Holland was indicted for misprision of felony for failing to bring his knowledge about the employee’s illegal and felonious marijuana possession to the proper authorities. The county court dismissed the indictment. However, the circuit court sitting in an appellate capacity reversed the dismissal. Holland appealed.

Rule of Law

Issue

Holding and Reasoning (McNulty, C.J.)

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