The Figueroa Law Firm, P.A.
Schedule Your Consultation
Orlando: 407-217-1836
Tampa: 813-999-2170
Toll Free: 800-573-6423

Florida case challenges police searches based on marijuana odor

A lawyer for a man arrested in Southwest Miami-Dade County has filed a motion to challenge the validity of a search and seizure. The public defender argued in his court filing that the increasing legality of marijuana products in the state eliminated its scent as a reason to suspect criminality.

The defendant faces charges for possession of marijuana and intent to sell or deliver as well as cocaine possession. Police claim to have found both substances in the man's vehicle after initiating a search because they smelled marijuana. His lawyer hopes to eliminate the evidence from the case on the grounds that the search violated the man's Constitutional protection from unlawful searches.

The state currently accepts some forms of cannabis for medicinal use, but the man did not possess a card as a medical marijuana patient. In other states, courts have upheld the legality of police searching people's possessions when they smell marijuana even if the substance is legal. The outcome of this case awaits a judge's decision at a hearing.

Although some states increasingly view the possession of marijuana as normal, the criminal justice system continues to prosecute people. Someone arrested on drug charges might want support from a lawyer. With legal representation, a person could obtain clear information about rights, charges and potential penalties. A lawyer may help a person evaluate defense strategies and make the decision between standing trial or seeking a plea deal. In either situation, a lawyer might strive to suppress questionable evidence and undermine the ability of a prosecutor to prove guilt or pursue a harsh sentence.

Source: News 965, "MIAMI MAN CHALLENGES COPS ON SEARCHING CAR AFTER SMELLING WEED", Gene Wexier, Feb. 25, 2019

No Comments

Leave a comment
Comment Information
Email Us For A Response

How Can We Help?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

brand image
  • Orlando
    407-217-1836
  • Kissimmee
    407-217-1836
  • Tampa
    813-999-2170

100 S. Semoran Blvd.
Orlando, FL 32807

Toll Free: 800-573-6423
Phone: 407-217-1836
Fax: 407-999-8982
Orlando Law Office Map

28 Broadway Avenue
Suite 206
Kissimmee, Florida 34741

Toll Free: 800-573-6423
Phone: 407-217-1836
Map & Directions

5700 Memorial Highway
Suite 102C
Tampa, FL 33615

Phone: 813-999-2170
Map & Directions