According to news sources and information gathered by the Perazzo Law Firm, a three-judge panel from the 5th District Court of Appeal has issued a ruling in a Lake County case, potentially complicating police vehicle searches conducted without a warrant. In what may be a precedent-setting decision in Florida, the court determined that a drug-sniffing dog’s alert did not provide sufficient grounds for a car search because the dog could not distinguish between legal medical marijuana and illegal cannabis. The case originated in September 2020 when a Groveland police officer pulled over a Lyft vehicle for speeding and faulty tag lights. The officer summoned a drug-sniffing dog, Polo, which signaled the presence of drugs around the car. Upon searching, officers discovered a bag containing marijuana, crack cocaine, ecstasy, and methamphetamine, leading to the arrest of passenger Stephon Ford. Ford sought to have the evidence dismissed, arguing that the dog’s alert was unreliable due to its inability to differentiate between legal medical marijuana and illegal substances. While a circuit court initially declined to suppress the evidence, the appeals court sided with Ford, emphasizing that the dog’s alert alone did not establish probable cause for a warrantless search. The judges noted that although other drugs were found, it was possible that Polo’s alert was triggered by marijuana, which could have been legal if it were medical marijuana. “At the time Polo alerted to a substance in the Lyft vehicle, the officers could not ascertain whether it was an illegal drug (such as marijuana, cocaine, heroin, or methamphetamine) or a legal substance, such as THC in hemp or properly prescribed medical marijuana. … Since it was unclear whether the detected substance was legal or illegal, Polo’s alert alone did not justify probable cause for a warrantless search,” Chief Judge James Edwards wrote in the court’s primary opinion. Judge Jordan Pratt concurred, noting that this decision, alongside a 2024 case involving an officer detecting the smell of marijuana, highlights the broader implications of cannabis legalization. In 2016, Florida voters approved a constitutional amendment allowing medical marijuana, even though marijuana remains illegal under federal law and certain state circumstances.
Disclaimer: This post is for informational purposes only and does not constitute legal advice.
