In a decision that could significantly impact police searches in Florida, a state appeals court has ruled that a drug-sniffing dog’s alert to the presence of marijuana cannot, on its own, justify a warrantless search of a vehicle.
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The ruling, issued Tuesday by the 5th District Court of Appeal, stems from a 2020 case in Lake County where a police officer stopped a car for speeding and non-functioning tag lights.
A drug-sniffing dog subsequently alerted to the presence of drugs in the vehicle, leading to a search that uncovered illegal drugs.
The defendant, Stephon Ford, argued that the dog’s alert was insufficient to justify the search because the dog could not differentiate between legal medical marijuana and illegal marijuana. The appeals court agreed, stating that the officer had no way of knowing whether the dog had detected a legal or illegal substance.
“Going forward, that dog won’t hunt,” wrote Chief Judge James Edwards in the ruling, emphasizing that an alert to marijuana alone cannot provide probable cause for a warrantless search.
This decision builds upon a 2024 ruling by the same court that prohibited police officers from using the smell of marijuana as the sole basis for a vehicle search. Judge Jordan Pratt, in a concurring opinion, acknowledged the “collateral consequences” of cannabis legalization and emphasized the need for law enforcement to adapt their practices.
While this ruling may complicate some police searches, the court suggested alternative approaches, such as:
Specialized Dog Training: Training dogs to differentiate between cannabis and other illegal drugs.
Officer Inquiry: Combining a dog’s alert with officer questioning to rule out the presence of legal cannabis.
Although the court agreed with Ford’s argument, it upheld his conviction due to a “good faith” exception, stating that the officer acted in accordance with the legal precedent at the time of the search.
However, the court made it clear that this ruling will apply to future cases in the 5th District, which covers a significant portion of Central and North Florida.
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